RAJA RAM PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 03.02.2009 and order of sentence dated 06.02.2009, passed by the learned Judge, Special Court, Yamuna Nagar at Jagadhri, whereby, he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Section 20 (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The brief facts of the prosecution case are that on 26.01.2008, ASI Ram Phal along with other police officials was present at railway crossing, Pansara, where he received secret information against Raja Ram Parshad that he used to bring intoxicant 'ganja' from the State of Uttar Pradesh and used to sell the same in the city Jagadhri and Yamuna Nagar. On that day, he had also gone to Uttar Pradesh for bringing 'ganja' and at present he was standing on the turning of village Dusani along with two kattas (gunny bags) of narcotic substance in wait for some vehicle and if a raid is conducted, he can be apprehended. Report under Section 42 of the NDPS Act was prepared and sent to DSP (Headquarters) Yamuna Nagar. Raid was conducted. The accused was found sitting on the two plastic kattas. On seeing the police party, accused Raja Ram Parshad abruptly stand up and he was apprehended by the Investigating Officer. The Investigating Officer gave him offer as to whether he want to get the search conducted from a Gazetted Officer or a Magistrate and the accused opted for search before a Gazetted Officer. A message was given and DSP (HQ) Ram Chander reached the spot. The Investigating Officer disclosed the facts of the case to him. On instructions from DSP (HQ) Ram Chander, search of the bags possessed by the accused was conducted. Those were found having 'ganja'. On weighment, both the gunny bags were found containing 56kgs.900gms. in total (i.e. 28kgs.200gms in one katta and 28kgs.700gms. in another katta). Two samples of 100 gms. each from each katta were separated and sample parcels and bulk parcels were sealed with the seal of Investigating Officer bearing impression "RP". DSP also affixed his seal bearing impression "RC". The case property was taken into police possession vide recovery memo Ex.P10. Ruqa Ex.P16 was sent to the police station, on the basis of which FIR was registered. Accused was arrested. Rough site plan was prepared. Statements of witnesses were recorded. On return to the police station, accused, witnesses and case property was produced before SI Harvinder Singh, SHO, who verified the investigation and also put his seal bearing impression "HS" on all the parcels. Report under Section 57 of the NDPS Act was prepared by the SHO. Case property was deposited with MHC. On the next day, i.e. 27.01.2008, the Investigating Office produced the accused as well as the case property along with sample parcels and seal before the Duty Magistrate, Jagadhri. An application Ex.P5 was filed by the Investigating Officer before the Duty Magistrate for seeking permission to destroy the narcotic substance. Learned Magistrate certified the inventories and thereafter, he deposited the case property, two sample parcels with MHC, Judicial Malkhana and two samples were thereafter sent to the FSL. After necessary investigation challan was presented against the accused-appellant.

(3.) On presentation of challan against accused-appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the accused-appellant was charge-sheeted under Section 20 of the NDPS Act, 1985, to which he pleaded not guilty and claimed trial.