HASHIM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.11.1995 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 577/93 convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of rupees one lac or in default to suffer further rigorous imprisonment for six months.

(2.) Shorn of Verbiage, the prosecution case is that on 15.3.1993, a police party led by sub-Inspector Narender Tyagi (Public Witness -7), upon information received, apprehended the appellant near Yamuna Bridge. He was given the option of being searched by Sub- Inspector Narender Tyagi (Public Witness -7) before a Gazetted Officer or a Magistrate. The appellant declined the offer. He was then searched in the presence of the Manzar Hussain (Public Witness -6), Head Constable Nafe Singh (Public Witness -5) and Inspector Raja Ram Yadav (Public Witness -1) as a result whereof sixty five grams of smack was recovered from his possession. the appellant was charged with an offence punishable under Section 21 of the Act.

(3.) The appellant abjured his guilt and alleged that a false case has been foisted on him. The learned Additional Sessions Judge, on an assessment of evidence adduced by the prosecution accepted the prosecution case and convicted and sentenced the appellant as indicated above.