RAMPHAL MAKKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shri Ramphal Makkar son of Shri Gian Chand, resident of village Farmana. Police Station, Kharkhoda, District Sonepat has filed the present criminal appeal and it has been directed against the Judgment dated 3/8/2001 and order dated 7/8/2001 passed by learned Additional Sessions Judge (Special Judge), Sonepat who recorded conviction against the appellant under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act,1985 (hereinafter referred to as the Act') and sentenced him to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,50,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three years for allegedly having been found in possession of 620 grams of Charas without any licence or permit.

(2.) The story of the prosecution is that on 12/1/2002 SI Mam Chand along with other police officials was present at bus stand Farmana in connection with detection of crime when he received a secret information to the effect that Ramphal Makkar was indulging in the business of selling Charas and that he was selling Charas while sitting in front of his house at a cot and if a raid was conducted. he could be apprehended and Charas could be recovered. On this information SI Mam Chand prepared a raiding party and went towards the house of Ramphal and when the police party reached near the house of the appellant along with Satpal PW, it was noticed by the Investigating Officer that the appellant was sitting on a cot and on seeing the police party he tried to throwaway a white polythene packet but he could not be successful and was apprehended along with the polythene packet. On opening of the packet it was found that it contained Charas and on weighment it came to 620 grams. SI Mam Chand served a notice upon the appellant to the effect that the appellant was in possession of more contraband and apprised him of his right to be searched by a Gazetted Officer or a Magistrate. In, reply the appellant reposed confidence in the Investigating Officer. On further search of the appellant, nothing was recovered from his possession. The Investigating Officer separated 20 grams of Charas from the bulk by way of sample and the sample and remainder were separately sealed by using seal bearing inscription SC and the same were taken into possession vide recovery memo. The appellant could not produce any licence or permit for the possession of Charas, resultantly Ruqa was sent to the police station for registration of a case. The Thanedar completed other formalities of the case at the spot and on return to police station the case property was deposited with the Moharrir Head Constable with the seals intact. The sample of Charas was sent to the office of Director, Forensic Science Laboratory, Madhuban, who declared the contents as Charas and on completion of the investigation of the case the appellant was challenged under Section 20 of the Act in the Court of Area Magistrate, who supplied the copies of the documents of the appellant as required under the law.

(3.) A charge under Section 20(b) of the Act was framed against the appellant on 19/5/2000. It was read over and explained to the appellant to which he pleaded not guilty and claimed a trial.