Judgment :-

Dipak Misra, J.

The appellant herein has been found guilty of the offence under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, `1985 (for short “the NDPS Act”) and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of rupees one lakh and, in default of payment of fine, to suffer simple imprisonment for two years.

2. On 22.7.2005, Ritesh Kumar, a Sub-Inspector, while patrolling reached at the outer gate of ISBT where Constable Balwant Singh met him and both of them found the accused-appellant sitting on two white coloured bags on the left side of the footpath. On seeing the police party he tried to run away leaving the bags which raised a suspicion in the mind of the Sub-Inspector and that led to the apprehension and interrogation of the accused. Eventually, on search of the bags, it was found that those contained 64 Kgs. of poppy straw powder packed in 32 bags of polythene. After the search was carried out samples were sealed and sent to the Forensic Science Laboratory for examination. The investigating agency on completion of other formalities filed the charge-sheet before the trial Court.

3. The accused pleaded false