JUDGMENT :

1. For being found in possession of 100 kg ganja (cannabis), at 7:15 AM on 27th April, 2013, the appellant Sumit Rai @ Subodh Rai stands convicted, vide judgment dated 4th March, 2015, passed by the learned Additional Sessions Judge (hereinafter referred to as “the learned ASJ”) under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”). Consequently, vide order dated 10th March, 2015, the appellant has been sentenced, by the learned ASJ, to suffer, 10 years’ rigorous imprisonment (RI) alongwith fine of Rs. 1 lakh, with default simple imprisonment of 6 months’. He has been extended the benefit of Section 428 of the Code of Criminal Procedure, 1973.

2. The appellant is in appeal.

3. The appeal of the appellant is entitled to succeed on the basis of the judgment of the Supreme Court in Arif Khan v. State of Uttarakhand, AIR 2018 SC 2123, read with Dilip v. State of M.P., (2007) 1 SCC 450 and State of Rajasthan v. Parmanand, (2014) 5 SCC 345. Seen together, these decisions mandate that the search, pursuant to which narcotics are recovered from an accused, or from the person of an accused or from the baggage carri