VED PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge is to the judgment of conviction dated 31.10.2013 and order of sentence dated 01.11.2013 passed by the Additional Sessions Judge, Fatehabad, whereby the accusedappellant has been sentenced to under rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- for commission of an offence punishable under Section 15 of Narcotic Drugs & Psychotropic Substances Act (for brevity 'the Act').

(2.) Brief facts of the case are that on 28.05.2013, ASI Ranjeet Singh along with other police officials was present at Lalli Mor, Ratia. In the meantime, a person having a bag of khakhi colour in his right hand, came on foot from bus-stand, Ratia and on seeking the policy, party he tried to escape, but was apprehended on the basis of suspicion. He disclosed his name as Ved Parkash resident of Bora, Tehsil Ratia. ASI Ranjeet Singh asked the accused, as to whether he wanted to be searched in the presence of a Gazetted Officer or Magistrate. However, the accused reposed faith in the police party. In this regard, his consent memo (Ex.P2) was prepared. On conducting search of the bag of the accused, a polythene, containing poppy husk, was recovered, out of which two samples weighing about 100 grams each were separated and converted into two separate parcels. The remaining poppy husk, on weighment, was found to be 2 Kgs and 800 grams. All the parcels were sealed with the seal bearing impression 'RB' and taken into police possession vide separate recovery memos. After completion of necessary formalities, challan was prepared and presented before the Court.

(3.) After presentation of the challan, charge under Section 15 of the Act was framed against the accused-appellant, to which, he pleaded not guilty and claimed trial.