GAURAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dated 11.10.2018 passed by the learned Special Judge, Kaithal, vide which the appellant has been convicted for having committed the offence punishable under Section 21(b) read with Section 31 of the Narcotics Drugs and Psycho tropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of three years and and nine months and to pay a fine of Rs.60,000/-, in default whereof to further undergo rigorous imprisonment for a period of six months.

(2.) Briefly, the case as put-forth by the prosecution is to the effect that on 20.09.2016, the police party headed by ASI Krishan Kumar and consisting of ASI Rajinder Singh and fellow police officials were present in a government vehicle in front of Harsh Punjabi Dhaba on Rajound-Assandh Road in the area of village Rajound. A secret information was received tothe effect that the appellant is coming towards Assandh on a motorcycle make Splender Plus Hero Honda bearing registration No.HRllD-0438 and is carrying illicit weapon with him. Accordingly, the police officials laid the barricade on Assandh Rajound Road. The appellant was apprehended; his search was conducted and on his search, it was found that he was carrying smack in a polethene bag in the right pocket of the jeans worn by him. On weighing the smack, it was found to be 16 grams which was converted into a parcel and sealed with the seal impression 'KK'. The incriminating articles were taken into possession vide a separate recovery memo. The further investigation was carried by ASI Joginder Singh. On 21.9.2016, the case property and the appellant was produced in the Court of learned Judicial Magistrate, 1st Class, Kaithal, where two samples of 3 grams each were drawn from the case property by the learned Judicial Magistrate, 1st Class. The case property and the samples were sealed with the seal impression 'B'.

(3.) On completion of investigation and presentation of challan, prima-facie a case under Section 21(b) of the Act was made out against the appellant. Charge was accordingly framed to which the appellant pleaded not guilty and claimed trial.