M. S. A. SIDDIQUI, J.

( 1 ) THIS appeal is directed against the judgment and the order dated 20. 4. 99 passed by the Additional Sessions Judge, Delhi in Sessions Case No. 118/95 convicting the appellant under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (for short the act ) and sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1 lakhs or in default to suffer further rigorous imprisonment for one year.

( 2 ) BRIEFLY stated, the prosecution case is that on 1st April, 1995 at 9. 45 A. M. a police party led by Sub Inspector Satpal (P. W. 6), upon information received, apprehended the appellant in the Gali Masjid Wali, Mohalla Shahganj Delhi. The appellant was given the option (Ex. Public Witness. 3/8) of being searched before a Gazetted Officer or a Magistrate. He declined the offer. Thereupon SHO P. L. Puri (P. W. 2), directed the Constable Jamil Ahmad (P. W. 4) to search the appellant. Pursuant to the said direction, Constable Jamil Ahmad (P. W. 4) searched the appellant and recovered one packet containing 5 gms. of heroin from right side pocket of his Kurta. The contraband was seized vide recovery memo (Ex. Public Witness. 2/a )

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