DAYA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Daya Nand stands convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') vide impugned judgment of learned Additional Sessions Judge, Jhajjar dated 7/8.12.1998 and has been sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.one lac, in default thereof to further undergo R.I. for one year. Aggrieved by the impugned judgment of conviction and sentence, he has preferred the present appeal.

(2.) IN brief the case of the prosecution is that on 4.8.1997, the appellant was found in conscious possession of 4.800 (kilograms?) grams of charas when his search was conducted by Mahabir Singh Inspector/SHO, Police Station Sadar Bahadurgarh in the presence of other police officials and one A.E.T.O.Mr.Bhagat Singh Sindu. 100 grams of charas was separated as sample and put it into a parcel by using the seals of 'MS' and 'BS'. The remainder contraband was also sealed in another parcel. Both the parcels were taken into possession vide recovery memo. Ruqa was sent to the Police Station for the registration of the formal FIR. Other statutory formalities were completed at the spot by Mahabir Singh Inspector. The appellant, the case property and the witnesses were then produced before the DSP who after verifying the facts deposited the case property with MHC. The same was then sent to FSL, Madhuban for examination and after the report of the FSL, the appellant was challaned. He was charged under Section 20 of the Act. As stated above, he has now suffered the conviction.

(3.) THE stand taken by the appellant as emerges from his statement recorded under Section 313 Cr.P.C. is that he has been falsely implicated in this case for the reason that he and his family had openly helped Raj Singh who was against Amar Singh, and Amar Singh was instrumental in getting this case registered against the appellant. It is then alleged that the said Amar Singh was also instrumental in getting his brother Mehtab murdered through Dharambir, a relation of Amar Singh. One Raj Singh Sarpanch was produced in defence as DW -1.