HEERA LAL Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against thejudgment and order of learned Additional Sessions Judge dated 6/03/1990,whereby the appellant was convicted under Section 20 of the NDPS Act andsentenced to undergo imprisonment for a period of 10 years and to pay afine of Rs. 1 lakh.

(2.) The prosecution case is that PW-9S.1. Inder Singh, on August I,1988, received a secret information that two persons present near SujanSingh Park were having charas in their possession. Upon receipt of theinformation, a raiding party was constituted under the supervision of SHOTughlaq Road. Besides the SHO, the raiding party consisted of S.I. RamKumar PW-5, S.I. Inder Singh PW-9 and Constable Sat Dev PW-4. ACPAjay Kumar PW-6 was also informed, who is alleged to have reached thespot. Alongwith the raiding party, a public witness PW-3 Shanker Lal, ascooter driver was also associated.

(3.) Around 4 p.m. of the same day viz. 1/08/1988 ths appellantwas apprehended at Maharishi Raman Marg near Sujan Singh Park andfrom his possession 4 kg. of charas was recovered 100 gms. of charas wasseparated from the seized case property as sample. The remaining quantityof charas and the sample were placed in two different parcels and weresealed with the seal of l.S. and S.L.D., belonging to SI Inder Singh andSHO S.L. Dua respectively. The seals after use were given to Shanker Lal,PW-3. After the receipt of the CFSL report, charge sheet was filed againstappellant in the Court of Shri S.L. Khanna Additional Sessions Judge, whoafter framing the charge and recording the evidence led in the case passedthe impugned judgment.