RAJWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Case was taken up for hearing through video conferencing.

(2.) The instant criminal appeal is directed against the judgment and order dated 19.03.2021 passed by the learned Special Judge, Kaithal, whereby the appellant was convicted under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/- with default stipulation.

(3.) The contour and adumbration of the prosecution case, relevant for deciding the instant appeal, is that acting on a tip-off, the police party raided the house of the accused-appellant, who tried to slip away, but had been apprehended. The Investigating Officer had a suspicion that the accused was in possession of narcotics, and therefore, his search was required. On being apprised the accused of his right to get the search conducted in the presence of a Gazetted Officer, he had agreed for the same and thereafter, on being informed, Sultan Singh, DSP, Guhla, had arrived there. On conducting the search of the accused, a sky blue polythene containing 'smack' was found in his left pocket. On being weighed, the substance was found to be 25 gram, including the weight of the polythene. The sample was drawn therefrom, which had been converted into parcel. The parcels of the case property and sample had been taken into police possession. The accused was arrested and the case property was deposited with the MHC. Having completed all the statutory formalities, challan was filed against the accused.