ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant has been convicted under S. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 as, on 24-9-1995, he was found in possession of charas weighing 5 kgs. and 500 grams.

(2.) In order to establish its case the prosecution had examined PW-1, Shri Dharam Pal Pannu, Tehsildar-cum-Executive Magistrate in whose presence the appellant was searched, PW-2, Daya Nand, the Chowkidar who was present at the time of the search, PW-3 ASI Raj Kumar who had received the Ruqqa at 3.35 p.m. and registered an offence against the appellant, PW-4 ASI Maha Singh the Investigating Officer and PW-5, S. I Satbir Singh, who had received the sealed parcels of seized materials over which he had put his own seal and then returned them for safe custody. The prosecution also filed affidavits and documents to prove identity of the articles seized and sent for chemical analysis and nature of the substance seized.

(3.) The trial Court believed the prosecution witnesses and also the documentary evidence and held that the appellant did possess charas as alleged by the prosecution. The High Court agreed with the findings of the trial Court and confirmed the conviction.