JASMER @ GUDDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jasmer @ Guddu son of Ram Kishan, r/o village Nara (hereinafter referred to as 'the appellant') has preferred an appeal questioning the judgment of his conviction dated 09.07.2004 for an offence punishable under section 20 of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order of sentence dated 12.07.2004 passed by learned Special Judge, Panipat, vide which he has been sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.1,25,000/-, with further rigorous imprisonment for three years in default of payment of fine. The case of the prosecution against the appellant is as under:-

(2.) On 18.06.2000 Zile Singh, SI accompanied by other police officials was present at Bus Stand, Matlauda in connection with patrolling. He received a secret information there against the appellant that he is selling charas. Finding the information to be reliable, Zile Singh, SI proceeded towards the bus stand of village Nara. In the meantime, he saw a man in T-shirt and pant coming from the side of Assandh road within the area of village Nara. He was carrying a white bag in his right hand. On suspicion, he was apprehended. On inquiry, he told his name and address. He was suspected to be carrying some contraband item in the bag. So notice was given to him in pursuance of the provisions of section 50 of the Act for his search in the presence of a Gazetted Officer or a Magistrate. The appellant exercised his option in favour of his search, to be conducted in the presence of some Magistrate. Consequently, Mr. Balraj Singh Jakhar, Naib Tehsildar, Panipat was called and in his presence, the bag carried by the appellant was opened. It was found containing 3 kilograms of charas. Out of it, a sample weighing 100 grams was drawn. The sample and the remainder were converted into separate parcels and were sealed with seals 'ZS and 'BR'. The sealed parcels were taken into possession alongwith the bag, in which the same was carried by the appellant as also the weighing scale and weight of 100 grams, which had also been found in the bag. Ruqa Ex.PG was sent to the police station for registration of case against the appellant, on of which FIR Ex.PG/1 was recorded by Joginder Singh,MHC. Zile Singh, SI, then prepared rough site plan of the place of recovery. He had arrested the appellant and recorded the statements of the witnesses. He then produced the appellant, witnesses and the case property before Surinder Singh, SI at Bus Stand, Matlauda for verification. The SHO verified the facts of the case and affixed his seal 'SS' on both the parcels. Zile Singh, SI then recorded statement of Surinder Singh, SI/SHO. He then deposited the case property with the MHC of the police station on the same day. After receipt of the report of Assistant Chemical Examiner to the Government of Haryana, Madhuban to the effect that the sample was identified as Charas (Cannabis) and on completion of the investigation, challan against the appellant was prepared.

(3.) Finding a prima-facie case against the appellant, learned Special Judge, Panipat, vide his order dated 12.02. charge sheeted him for an offence punishable under section 20 of the Act. To the charge so framed against him, he pleaded not guilty and claimed trial.