SUBHASH CHAND @ KUKKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment dated 4.2.1997 convicting the appellant of an offence under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to the referred to as 'the Act') and the order of sentence dated 6.2.1997 passed by Additional Sessions Judge, Ambala, sentencing the appellant to undergo R.I. for a period of 15 years and to pay a fine of Rs. 1,00,000.00 for the offence punishable under Sec. 18 of the Act. In default of payment of fine, he shall undergo R.I. for 4 years. He is also sentenced to undergo R.I. for a period of 12 years and to pay a fine of Rs. 1,00,000.00 or in default to undergo further R.I. for three years under Sec. 20 of the Act.

(2.) The brief facts out of which the present appeal has arisen are that on 5.4.1993 First Information Reports No. 64 and 65 were recorded and in pursuance of that FIRs, Subash Chand, the present appellant and his wife Rama Rani were arrested. During investigation of the said case a disclosure statement Ex. PK was made by Rama Rani on 5.4.1993 to the effect that "25-26 days ago a person from Uttar Pradesh has sold the Opium and Charas in sufficient quantity to my husband Subash Chand alias Kukku. That Opium and Charas has been kept concealed by my husband somewhere. My husband Subash Chand alias Kukku only knows about it." During the course of interrogation on 16.4.1993, while Subash Chand was in judicial custody, he made a disclosure statement to the following effect:-

(3.) On the basis of the disclosure statement made by Subash Chand he was arrested on 16.4.1993 with the permission of the Magistrate and remanded to police custody till 19.4.1993. Due to nonavailability of Gazetted Officer and because of sun-set recovery could not be effected in accordance with the disclosure statement on 16.4.1993. However, recovery of 25 kilograms and 500 grams of Opium and 6 kilograms and 500 grams of charas was effect on 17.4.1993 when Subash Chand was brought from the police took up.