SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19.08.2002, and the order of sentence dated 20.08.2002, rendered by the Court of Additional Sessions Judge, Jhajjar, vide which it convicted the accused (now appellant), for the offence, punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him, to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo simple imprisonment for a period of one year, for having been found in possession of 1 Kg and 250 grams charas, without any permit or licence, which falls within the ambit of commercial quantity.

(2.) The facts, in brief, are that on 13.06.2000 Hoshiar Singh, Sub- Inspector, alongwith other police officials, was present at Bus Stand, Jhajjar, in connection with patrol duty, where he received a secret information against the accused that he was indulging in paddling of contraband, had brought 1 Kg and 250 grams charas, and was in search of suitable customers to dispose of the same. Immediately thereafter, the accused reached in the vicinity of the bus stop. The informant indicated towards the accused, as a result whereof, he was apprehended by Hoshiar Singh, Sub Inspector. A wireless message was sent to Devi Dayal, Dy. S.P. Jhajjar, who reached there. The search of the accused was conducted in accordance with the provisions of law. During the course of search, a packet, containing charas was recovered from the fold of the trouser of the accused. On weighment, it was found to be 1 Kg. and 250 grams. Sample of 100 grams charas was taken out and the remaining charas was kept in a separate container. The sample, and the container, containing the remaining charas, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) On his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 20 of the Act, was framed against him, to which he pleaded not guilty and claimed judicial trial.