SHAMBHU RAM Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence both dated 26.4.1988 vide which the learned Additional Sessions Judge, Karnal found the accused guilty of an offence under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred as the Act, and awarded him sentence of rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, failing which he shall undergo rigorous imprisonment for two years.

(2.) THE version of the prosecution has been noticed by the learned Additional Sessions Judge, Karnal correctly as it appears from the record in para No. 2 of the judgment, which reads as under :-

(3.) LEARNED counsel for the appellant has argued that the only independent witness Ram Dhari in whose presence the alleged recovery was made from accused has not been examined before the learned trial Court. He further states that as per the statement of the Investigating Officer himself it is not a case of chance recovery and once that was his view, there had to be strict compliance of the provisions of Section 50 of the Act. Lastly, he contended that there are serious contradictions in regard to compliance of the statutory provisions and even on merits of the case there were material contradictions in the statements of two witnesses i.e. PW3 and PW4.