SURINDER ALIAS SUDAMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.11.2005/order of sentence dated 24.11.2005 passed by the court of learned Judge, Special Court, Karnal whereby he convicted and sentenced the accused Surinder alias Sudama to undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 15,000/- under Section 21 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) As the prosecution story goes, on 7.10.2001 Inspector Ram Phal the then Incharge C.I.A.-II alongwith other police officials happened to be present in CIA-II, Karnal. Around 1 P.M., he received secret information that accused Surinder alias Sudama alongwith his wife Satish residing in House No. 758, Sector 7 Karnal was possessing one Indica car and one Hero Honda Splendor Motor Cycle. He used to deal in smack and on that day they both had gone to U.P. on their motorcycle for fetching smack and if nakabandi is held at Merrut road, they can be apprehended. On receipt of this information, they went to T-point, Sector 6, Karnal and set up naka there. On the next day, on 8.10.2001 at about 1.30 P.M. while the nakabandi was being held continuously at T-point Sector 6, Merrut road, Karnal, Illam Singh Ex-sarpanch came there. Meanwhile, the accused Surinder came there from U.P. side holding a red colour bag in his hand. On catching sight of the police party, he made an attempt to beat a retreat, but on suspicion he was intercepted. He was told that he was suspected to be in possession of some contraband. He was apprised of his right to have his search in the presence of a Gazetted Officer or a Magistrate. He opted to have the search of his bag in the presence of a Gazetted Officer. On receipt of message, K.K.Rao, D.S.P. came at the spot. On search of the bag, 105 grams smack alongwith a scale, weights of 50 grams, 10 grams, 5 grams empty plastic pouches of small size and Rs. 30,000/- yielded. One sample of 5 grams was drawn to serve as sample and converted into a parcel. The residue was also turned into a parcel. The case property including the sample parcel was sealed with seals bearing letters RF and KK and seized vide recovery memo. The seal RF after use was handed over to ASI Janak Singh whereas aforesaid D.S.P. retained his own seal with him.

(3.) The accused was arrested. After completion of investigation, the charge- sheet was laid in the court for trial of the accused. The accused was charged under Section 21 of the Act to which he did not plead guilty and claimed trial. In order to bring home guilt against the accused, prosecution examined ASI Virender Singh PW-1, Ram Mehar HC PW-2, Constable Balwinder Singh PW-3, ASI Azad Singh PW4, ASI Janak Singh PW-5, K.K.Rao DSP(now S.P.) PW-6, Inspector Ram Phal PW-7 and closed its evidence.