KAILASH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Convict Kailash Kumar has filed this criminal appeal assailing his conviction and sentence ordered by learned Special Judge, Faridabad vide judgment dated 22.03.2005 and order dated 23.03.2005 thereby convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the 'Act') and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- and in default of payment thereof, to undergo further imprisonment for two years.

(2.) According to prosecution version, on 20.02.2003, on the basis of secret information, SI Randhir Singh of CIA staff Faridabad along with other police officials held Naka after joining Vinod Kumar witness and apprehended appellant with a bag in his right hand. He was given option to be searched before Magistrate or Gazetted Officer. He opted to be searched before Gazetted Officer.

(3.) Accordingly, Thawar Singh, Deputy Superintendent of Police was called to the spot. On search of bag of the accused, Charas weighing 2.800 kilograms was recovered. Out of it, two samples of 20 grams each were separated. Samples and the remaining Charas were sealed in separate parcels and were seized by the police. FIR was got registered by sending ruqa. Statements of witnesses were recorded. Rough site place of the place of occurrence was prepared. The accused was arrested. On analysis, the sample was found to be of Charas (Cannabis) vide report of Forensic Science Laboratory (FSL). On completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short, Cr.P.C.) was presented for trial of the accused under Section 20 of the Act.