MANOJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Manoj Kumar has directed the present appeal against the judgment and order dated 11.1.2012 passed by Shri Naresh Katyal, Judge, Special Court, Panipat vide which accused/appellant has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short- the NDPS Act ) and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The brief facts of the prosecution case are that on 2.1.2011, police party headed by ASI Harnarain along with other police officials was present at entry gate of bus stand Panipat in connection with patrolling and crime duty, and a person was seen coming from inside the bus stand holding a black, red colour bag in his right hand. On seeing the police party he became perplexed and nervous. He turned back and started walking briskly. On suspicion, he was apprehended and on inquiry he revealed his name, parentage and address. He was suspected that he might be carrying some narcotic contraband in the bag. Accordingly notice under Section 50 of the Act was issued to the accused, but the accused deposed confidence in ASI Harnarain. Therefore, ASI-Harnarain checked the bag and on checking the bag, 300 grams charas was found. Two samples weighing 20-20 grams each were taken. The samples and the remaining poppy husk were sealed separately. The accused was arrested. Statements of the prosecution witnesses were recorded. After completion of necessary investigation challan against the accused was presented in the Court for trial of the accused.

(3.) On appearance of the accused copies as relied upon by the prosecution were supplied to the accused. Charge under Section 20 of the Act was framed against the accused, who pleaded not guilty and claimed trial.