RAJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Raju son of Man Bahadur preferred this appeal to impugn the judgment of conviction and order of sentence dated 4.10.2005 rendered by Special Judge, Panipat, in NDPS Case No.49 of 2005 arising out of FIR No. 204 dated 14.3.2003 under Section 20 of NDPS Act (for short 'the Act'), Police Station, City Panipat.

(2.) By the said judgment, he was convicted under Section 20 of the Act and sentenced to undergo RI for 10 years and to pay a fine of Rs.1,00,000/-, in default of payment of fine, to further undergo RI for 2-1/2 years.

(3.) Prosecution story, in brief, is that on 14.3.2003, police party headed by SI Shamsher Singh was present near Bus Stand, Panipat, in connection with patrol duty, then sighted the accused while coming from the side of bus stand while carrying a bag. On seeing the police party, accused tried to retreat. On suspicion, accused was apprehended. On enquiry, accused disclosed his name as Raju son of Man Bahadur. Investigating Officer suspected some narcotic substance in the bag, then gave offer to accused as to whether he wanted to be searched before a Gazetted Officer or a Magistrate. Accused reposed faith in the Investigating Officer. Then the bag was searched and the same was found to be containing charas. On weighment, charas was found to be 1 kg. 50 grams was separated to serve as sample. Sample and remaining charas were made into separate sealed parcels sealed with the seal of Investigating Officer and were taken into police possession vide separate memo attested by the witnesses. Ruqa was sent to the police station, on the basis of which, formal FIR was recorded. Rough site plan with correct marginal notes was prepared. Statements of witnesses were recorded. On return to the police station, accused along with case property was produced before the SHO, who after verifying the facts of the case from the accused and witnesses had also affixed his own seal on the sealed parcels. Investigating Officer was directed to deposit the case property with the Incharge of Malkhana. Sample parcel was sent to the office of Chemical Examiner. As per report of the laboratory, contents of the sample were found to be charas. After completion of investigation, challan was presented in the Court.