SHER SINGH WALIA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Special Judge, Delhi passed in Sessions Case No. 128/94. Brief facts necessary to dispose of this appeal are recapitulated as under

(2.) On 9.3.1991 while, the Sub Inspector Pran Nath was on patrolling duty alongwith ASI Prithvi Singh, Constable Vijender, Constable Ajay Singh at Andha Mughal Chowk he received an information that a person namely Sher Singh would go to Haryana through Bagichi Peerji Railway Station, Subzi Mandi in order to supply charas and if a raid is conducted, illegal charas can be recovered. The information was reduced into writing and a raiding party was formed. Public witnesses Rajinder Kumar Sharma and Sachchidanand were also joined in the raiding party. The raiding party informed the accused that as per their information he was carrying illegal charas for which he has to be searched.

(3.) According to the prosecution version, the accused was given notice under Section 50 of the NDPS Act, 1985. On search by an ACP before the S.H.O. a bag woven with plastic threads with yellow and blue linings with light cloth handle was recovered from his possession and on checking the same, it was found that there was a polythene bag containing 4.600 Kg. charas in the shape of round sticks. Out of that 500 grams was separated as sample and that sample was wrapped in a white cloth and the same was converted into a sample parcels. Remaining charas of 4 Kg 100 grams was put in the same polythene and converted into a separate parcel with the help of a cloth. Both these parcels were sealed.