PARKASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Appellant was convicted for an offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act-for short) vide judgment dated 17.11.2005 passed by the Judge, Special Court, Panchkula. Vide order dated 18.11.2005, the Appellant was sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1,00,000/-under Section 20 of the Act. Hence, the present appeal.

(2.) Prosecution case, as noticed by the trial Court in para Nos. 2 and 3 of its judgment, is reproduced herein below :

(3.) Under the direction of Rajesh Duggal, Deputy Superintendent of Police, search of the bag of the accused was made by Surjit Kumar Sub Inspector and charas wrapped in a polythene paper yellow colour along with Rs. 40,000/-cash amount in a white polythene were recovered from his bag. On weighment, it was found 3 kgs charas. Two samples of 25 gms each were separated and both samples and residue charas were converted into sealed parcel sealed with seal SK and RD of Superintendent of Police. Sample seal was also prepared. All the sealed parcels, sample seal and cash amount were taken into police possession, vide separate recovery memo. Seal of Sub Inspector after use was handed over to Head Constable Jasraj whereas, Deputy Superintendent of Police retained his seal with him. Rukka was prepared and it was sent in police station, sector 19, Panchkula through Karam Chand Constable for registration of the case whereupon a case FIR No. 33 dated 25.2.2004 under Section 20 of the Act was registered in police station Sector 19, Panchkula.