BIJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 2.9.2009 vide which accused appellant-Bijender was held guilty and convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') and the order of sentence dated 4.9.2009 vide which the appellant was ordered to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1,25,000/-. In default of payment of fine, he was ordered to further undergo simple imprisonment for a period of one year and six months.

(2.) As per the prosecution case, on 12.4.2008, ASI Rajbir Singh along with other police employees was present near Peer Baba bridge near Naultha, Gohana Road Panipat, in connection with patrolling and crime detection. The appellant came from the side of the Panipat having a bag (thaila) in his right hand. On suspicion of some contraband, he was apprehended by the police party. The Investigating Officer served the notice under Section 50 of the Act upon the appellant giving him option to be searched in the presence of Gazetted Officer or Magistrate. The accused opted for his search to be conducted in the presence of a Magistrate. The Investigating Officer requested Naib Tehsildar, Israna, to reach the spot. Ram Mehar Singh, Naib Tehsildar reached at the spot and disclosed his identity to the accused. On his direction, ASI Rajbir Singh conducted the search of the accused. The charas wrapped in a polythene was recovered from the bag of the accused. On weighment, it came to 2 kg out of which two samples of 20 grams each were separated. The sealed parcels of the samples and remainder were prepared and sealed with the seal bearing impression "RS' and were taken into possession. The Investigating Officer sent the written information (Ex.PG) to the Police Station on the basis of which FIR Ex.PG/1 was registered. He also prepared the site plan of the recovery Ex.PJ. The accused appellant was arrested. Accused along with case property and the witnesses were produced before PW-9 SI Vikram Singh. SHO Police Station, Israna, after verification of the facts and finding the same to be correct, he affixed his seal on the sample parcels as well as the remainder and directed ASI Rajbir to deposit the case property with the MHC and to detain the accused in the lock up. He also issued the direction to comply with the provisions of Section 52-A of the Act.

(3.) On 13.4.2008, the case property along with the accused were produced before the Illaqa Magistrate in compliance of the provisions of Section 52-A of the Act. The learned Magistrate prepared the inventory of the case property. He broke open the seal of the remainder parcel and separated a sample of 20 grams which was kept in the sealed parcel. The remainder parcel was sealed with the seal of the learned Judicial Magistrate, Panipat. The case property was deposited in the District Malkhana. On 10.5.2008, the case property was produced before the Illaqa Magistrate who passed the order for disposal of the case property. The sample parcel was sent to Forensic Science Laboratory, Madhuban, for examination and on completion of the investigation, the report under Section 173 Cr.P.C. was presented in the Court.