NARENDER ALIAS NANDERA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of conviction dated 07.04.2005 and the order of sentence dated 08.04.2005 whereby the appellant was held guilty for the offence punishable under Section 20 (b) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to undergo rigorous imprisonment for a period of two years besides payment of fine of Rs. 20,000/-; in default of payment of fine to further undergo imprisonment for a period of one year.

(2.) Brief facts of the case are that on 28.10.2003, Sub Inspector Yashpal Singh received a telephonic message that Narender alias Nandera (appellant) was selling charas at Khanpur bus stand and a raid was conducted, he could be apprehended with the contraband. The said information was reduced into writing. Sub Inspector Yashpal Singh along with other accompanying police officials went to village Khanpur in an official vehicle and noticed that the appellant started walking briskly towards his house. On suspicion, he was apprehended and served with a notice Ex.PC with an option to be searched before a Gazetted Officer or a Magistrate. The appellant vide his own writing Ex.PC/1 opted to be searched before a Magistrate. Shri Sanjay Bishnoi, Tehsildar, on request of the police reached the spot and after verifying the facts of the case, directed the Investigating Officer to conduct the search of the accused in accordance with the rules. During search of the appellant, Charas wrapped in a glazed paper was recovered from right side pocket of his pants. Out of which, two samples of 10 grams each were drawn. The samples and the residue charas were sealed with the seal bearing inscription 'SK' and taken into police possession vide recovery memo Ex.PD. Sub Inspector Yaspal Singh sent memo (ruqa) Ex.PA to the police station Sadar, Gohana, for registration of the case, on the basis of which, formal FIR, Ex.PJ/1, was recorded by Assistant Sub Inspector Babu Ram.

(3.) The appellant, the witnesses and the recovered material were produced before the Station House Officer, Bijender Singh who, in turn, verified the investigation and affixed his own seal bearing inscription 'BS' on all the sealed parcels. The statements of the witnesses were recorded.