RAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was arraigned as accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for being found in possession of 200 grams of charas on 11.3.2008 when he was present near temple of village Kanwari, District Hisar.

(2.) According to the prosecution, there was a secret information received by ASI Krishan Lal, Incharge, CIA Staff, Hansi to the effect that the appellant, who used to deal in opium, was standing near village Kanwari and if raid was conducted, he could be apprehended. On receipt of the said information, ASI Krishan Lal alongwith his fellow officials reached the temple of village Kanwari where a person was seen roaming and on seeing the police party, he turned back and started walking briskly. This aroused suspicion in the mind of ASI Krishan Lal, who after learning about his whereabouts, told him that he was suspected of carrying some narcotic substance. Accordingly, notice under Section 50 of the Act was served upon him. In reply to the same, the appellant stated that he had full faith in the Investigating Officer, who could search him. From a cloth pouch kept in the right dub of the pant of appellant, charas was recovered. Two samples of 20 grams each were separated and the residue came to be 160 grams.

(3.) After completion of the formalities and presentation of the challan, the appellant was charged for an offence under Section 20 of the Act, to which he pleaded not guilty and claimed trial.