- (1.)This appeal is directed against the impugned judgment and order on sentence dated 14.9.2012 and 28.9.2012 respectively wherein the appellant had been convicted under Section 20(b)(ii)(C) of the NDPS Act. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.1 lacs, in default of payment of fine to undergo SI for a period of 6 months.
(2.)The version of the prosecution is that on 27.7.2011 at about 9.15 p.m. the police party noticed the appellant coming from outer gate of the foot over bridge at ISBT. On seeing the police party he took a turn and retraced his steps. This created suspicion in the mind of the police party. He was apprehended. He was carrying a black bag. On opening the bag it was found containing a polythene bag. Notice under Section 50 of the NDPS Act was served upon the appellant. The appellant refused to get his search conducted in the presence of a Magistrate or a Gazetted Officer. On checking the polythene it was found to contain Charas. It was weighed and its weight was found to be 7 kg 500 grams. Two samples of 50 grams each were taken out from the contraband and the same were sent to CFSL for examination. CFSL report had tested the samples positive for Charas. Challan was filed.
(3.)Nine witnesses were examined by the prosecution to prove its case. In the statement of the accused recorded under Section 313 Cr.P.C. he had stated that the contraband was planted upon him.