SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Briefly stated facts of the case are that accused Sandeep @ Kala had been undergoing life imprisonment while being lodged in District Jail, Sonepat in case FIR No.05 for an offence under Section 302 IPC, titled as 'State Vs. Sandeep etc.' he was released on parole on 28.11.2002 and he reported back at jail gate on 28.12.2002. His personal search was conducted, which resulted in recovery of contraband in the form of charas, weighing 500 gms. Police of Police Station City Sonepat was informed in that regard. SI Mohinder Singh (for short 'the IO') along with other police officials from the said police station went to District Jail, Sonepat. Sh. Hawa Singh Hooda, Superintendent, District Jail, Sonepat submitted a written complaint Ex. PC to him and produced the case property before said police officer. The IO got the contraband weighed, which came out to 500 gms of charas; 20 gms of recovered charas was separated by way of sample and the residue were converted into sealed parcels, sealed with seal of SI Mohinder Singh having inscription !MS!. The seal after use was handed over to Sh. Hawa Singh Hooda, Superintendent, District Jail, Sonepat. The bulk and the sample parcel were taken into possession, vide recovery memo Ex.PA. The IO had appended his endorsement Ex.PC/1 below written complaint Ex.PC, sending ruqa to police station through Constable Prem Singh, on the basis of which, formal FIR Ex. PC/2 was recorded at the police station by SI Hukam Singh. The IO prepared the rough site plan of the place of recovery. On return to the police station, the IO produced the case property and the witness besides the accused before Inspector Balbir Singh, SHO of the police station, who verified facts of the case and affixed his own seal having inscription 'BS' on the samples and the residue parcel. The case property was deposited with the MHC of the police station.

(2.) After completion of investigation and other formalities, the challan against the accused was prepared and filed in the Court of Illaqa Magistate. Such Magistrate supplied copies of documents relied upon in the challan to the accused free of costs as provided under Section 207 Cr.P.C. and then finding that offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for which the accused had been booked was exclusively triable by the Court of Sessions, committed the case to the Court of Sessions.

(3.) Finding a prima facie case, charge for offence under Section 20 (b) of the Act was framed against the accused, to which, he pleaded not guilty and claimed trial.