KISHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Custody certificate produced by Mr. Amit Rana, DAG, Haryana, is taken on record.

(2.) The recovery of 400 grams of charas and a .12 bore country made pistol was allegedly effected from the scooter owned by the accused-appellant Kishan Singh (hereinafter referred as 'the accused'). Consequently, he was prosecuted and vide judgment dated 19.05.2003 passed by Special Judge, Faridabad, he was convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,000/- under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). He was further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 5000/- under Section 25 of the Arms Act, 1959.

(3.) The prosecution story, in brief, is that on 13.08.1998, when ASI Gian Singh, along with other police officials, was present near the Civil Courts, Palwal, in connection with patrolling, he received a secret information that the accused was indulging in selling of charas and had kept the same in his scooter bearing registration No. DL-5S-D-4762, parked at the backside of the S.D.M., Court, Palwal. It was also informed that if the dickey of the scooter is opened, then the charas could be recovered. Believing the information to be reliable, ASI Gian Singh reached Civil Courts, Palwal and enquired about the accused, who was working as typist, but he was not available at his seat and it was informed that he had left sometime prior to the arrival of the police. Thereafter, the scooter parked near the Court of S.D.M., Palwal, as disclosed by the informant, was searched in the presence of D.S.P., Palwal, from where a country made .12 bore pistol and 400 grams of charas, wrapped in a polythene, were recovered. After separating two samples of 10 grams each, the remaining bulk charas as well as samples were converted into parcels. Thereafter, the bulk charas as well as sample parcels along with pistol, were taken into possession vide memo Ex.PD. Ruqa, Ex.PA/1 was sent to the police station, on the basis of which, formal FIR, Ex.PA was registered. The case was investigated. The accused was arrested and after completion of investigation, a charge report was submitted in the Court.