BHIM SAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE judgment and order dated 23.11.1998 and 24.11.1998 respectively, appellant was found guilty for commission of offences under Sections 17 and 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and was sentenced to undergo RI for ten years and to pay a fine of Rs. 1 lac for offence punishable under Section 17 of the Act. in default of payment of fine, he was to further undergo RI for 2 years. He was also sentenced to undergo RI for one year for commission of an offence punishable under Section 27 of the Act.

(2.) IT was case of the prosecution that on 17.9.1996, SI Ram Chander alongwith other police officials was present at Hardware Chowk, Faridabad. Amar Nath, Sub-Divisional Magistrate joined him there. When the investigating officer was talking to SDM, accused was seen coming from Chowk Nos. 1 and 2 of N.I.T. Faridabad. On seeing the police party standing there, he turned back and started walking briskly. On suspicion, he was apprehended. He was told that he was suspected to have in possession some narcotics and was asked to give his option regarding search in the presence of Magistrate or some higher officer. On this, appellant/accused gave his consent by stating that he had full faith in SDM and search be conducted in his presence.

(3.) PROSECUTION then led evidence to prove his guilt. On completion of prosecution evidence, his statement was recorded under Section 313 Cr.P.C., wherein he denied all the allegations appearing against him in prosecution evidence and pleaded innocence. However, he led no evidence in defence. Trial Court on appraisal of evidence, found him guilty, convicted and sentenced him, as found mentioned in para 1 of this order.