MALIK SHARIF-UD-DIN, J. (ORAL)

( 1 ) THE appellant was convicted under section 21 of the Narcotic Drugs and Psychotrpic Substances Act, 1985 (hereinafter for short known as NDPS ACT) and was sentenced to undergo R. I. for 10 years and also to the fine of Rs. one lakh and in default to further undergo R. 1. for four months. This order Was passed by Shri S. P. Singh Chaudhari Addl. Sessions Judge, Delhi on 3rd May, 1986.

( 2 ). I may notice the facts which are that on 15th November, 1985 at about 4. 15 PM Public Witness 7 S. I. Rajinder Singh, who was on duty at Palika Bazar, Connaught Place, accompanied by Public Witness 5 Vijender Singh, Head Constable and Public Witness 6 Sajan Singh Constable is said to have received a secret information in pursuance of which they caught hold of the appellant from the circular park in Connaught Place at the pointing out of the informer. The appellant at that time was found smoking a eigarette allegedly containing heroin and on search four grains of heroin was allegedly recovered from his person. The prosecution case further is that out of the four grams, two grams of heroin was taken as sample and both parts were sealed with the seal of Rajinder.

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