(1.) THE present appeal assails the judgment and order dated 17.11.2001, passed by the learned Additional Sessions Judge, Panchkula (Special Judge) (hereinafter referred to as the trial Court), whereby, the appellant, Manoj Kumar, has been convicted for commission of offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 20,000/ - or in default of payment of fine, to further undergo rigorous imprisonment for a period of six months. The brief facts of the present case as narrated in para. 2 of the impugned judgment, are reproduced as under: -
(2.) BRIEF facts of the case are that on 30.6.98 Tula Ram, SHO, P.S. Pinjore along with other police officials was present near Gurudwara HMT Pinjore. He received a secret information that a person was selling Charas and Opium near a dirty water drain. On this information a raiding party was formed. On reaching the spot accused Manoj was found at the spot having Thaila in his hand. He was apprehended on suspicion of having a narcotic substance. Accordingly legal notice under Section 50 of the NDPS Act was served on him. Thereafter his search was carried out in presence of DSP Raj Shree and 200 grams of charas was recovered from his Thaila. Consequently present case was got registered. On completion of investigation report under Section 173 Cr.P.C. was filed in the court.
(3.) DURING his examination under Section 313 Cr.P.C., the accused -appellant denied the prosecution allegations and pleaded false implication. In defence, he examined DW -1, Sadhu Singh, who deposed that on 27.06.1998, there was Kirya ceremony of the father of Harbans Singh, in the neighbourhood. At about 6.30 - 7.00 p.m., 4 -5 persons came to the house of Manoj and took him to the Police Post, HMT. On the next date, he along with 15 -20 persons of the locality, moved an application, Mark 'A', to the DSP, Kalka, stating therein that the appellant was a poor man, bearing good character. On the next day, they came to know that the present case had been foisted upon the appellant. Similarly, DW -2, Raju, the brother -in -law of abovesaid Harbans Singh, deposed on the similar lines.