SANT BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 1/2.6.2005 passed by Special Judge, Faridabad, whereby the appellant was convicted under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.

(2.) According to the prosecution, on 21.12.2003, Constable Vijay Pal, Constable Duli Chand, Constable Rajbir and Constable Suresh Chand had boarded train No. 2168 UP Mangla Express from Delhi Nizamuddin Railway Station for patrolling. When the train was on its journey between Palwal and Hodal, they apprehended one person carrying a heavy suitcase suspecting him to be carrying some contraband in the same. At that time, he was travelling in the general compartment of the train. He was, thereafter, produced before ASI Siri Chand, SHO, GRP, Faridabad at about 1400 hours, who alongwith his fellow officials, was present at Platform No.I of Faridabad Railway Station for checking of trains and criminal persons. ASI Siri Chand was at that time talking to one Majju @ Majid son of Banati Khan. On interrogation by him, the suspect disclosed his name as Sant Bahadur son of Hem Bahadur, Caste Basel, resident of village Jhamadi, Police Station Reddi, District Galim, Nepal. Suspecting that he might have kept some contraband in the suitcase, ASI Siri Chand served a notice upon the suspect under Section 50 of the Act in writing that he had suspicion against him of being in possession of contraband under the clothes worn by him and whether he would like his search and that of the suitcase conducted before a Gazetted Officer or a higher Officer or before ASI Siri Chand himself. On this the appellant stated that he be searched in the presence of a higher Officer. He affixed his thumb impression on the notice. Upon this ASI Siri Chand requested Smt. Satyavati, DSP, GRP, Faridabad on telephone to reach the spot immediately. After some time, Smt. Satyavati, DSP alongwith her staff reached the spot. The DSP conducted a search of the suitcase belonging to the suspect. From underneath the pant, the jersey, the underwear and the cap kept in the suitcase, thirty packets of charas were recovered. Infact, the suitcase was found to be locked and, as the appellant had lost its key, the lock was broken open in his presence. The charas on being weighed came to be 4 kgs. 100 grams. Out of the same, two samples of 20 grams each were separated. Rest of the charas was put in the same suitcase. The samples as well as the residual were converted into separate parcels and duly sealed with seal 'SC' of ASI Siri Chand. The seal after use was handed over to Majju @ Majid. The case property and the sample parcels were also sealed by the DSP with her seal bearing inscription 'SV'. The case property, duly sealed, and the samples were taken into possession by the police by preparing a memo. The memo. was duly signed by the witnesses. Ruqa Ex. PA was, thereafter, scribed by ASI Siri Chand and sent to Police Station GRP, Faridabad and on its basis FIR No. 352 (Ex.PA/1) dated 21.12.2003 under Section 20 (b) of the Act was registered.

(3.) During investigation of the case, rough site-plan with correct marginal notes was prepared. Statements of the witnesses were recorded. One sample was sent for chemical analysis. Vide report Ex. PG, Assistant Director (General), FSL, Haryana, Madhuban(Karnal) gave opinion that the sample was that of charas.