BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 11/14.09.2000 passed by the learned Additional Sessions Judge, Rohtak (for short, 'the trial Court'), whereby the accused-appellant has been convicted for the offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1,00,000/- or in default of payment of fine, to further undergo RI for a period of one year.

(2.) Briefly stated, the facts of the prosecution case are that the accused- appellant was facing trial in case FIR No. 99 of 1996 registered under Section 392 IPC at Police Station Civil Lines, Rohtak, in the court of the learned Additional Chief Judicial Magistrate, Rohtak, and was confined in the District Jail, Rohtak. On 11.9.1997, HC Nihal Singh, PW6, and Head Constable Neki Ram, took the accused-appellant from jail to produce him before the Court. When they along with the accused-appellant came out of the Court, someone handed over a small packet to the accused appellant. HC Nihal Singh, PW6, made an effort to apprehend him but could not do so. On suspicion, alleged packet was taken from the accused-appellant. On checking, charas was found in it. They produced the accused-appellant before SI Ram Parkash, PW8, who happened to be present in Court compound with his companion officials. The alleged charas was weighed and was found to be 11 grams. 5 grams charas was separated as sample and both were converted into two separate parcels, which were duly sealed with the seal bearing impression 'R.P.' Thereafter, SI Ram Prakash sent ruqa, Ex.PC, to Police Station Civil Lines, Rohtak, through Constable Neki Ram, upon which, formal FIR, Ex.PC/1, was registered by ASI Nathu Ram, PW3.

(3.) After completion of necessary investigation and other formalities, the appellant was challaned and charge-sheeted for the offence punishable 20 of the Act, to which, he pleaded not guilty and claimed trial.