RAM PRASAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 18.4.1991 of the Additional Sessions Judge, Rohtak, whereby he convicted appellant Ram Parsad under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for ten years and to pay a fine of Rs. 1 lac, in default of payment of fine, to further undergo R.I. for two years.

(2.) BRIEF facts of the case are that on 11.2.1989, S.I. Gian Singh (PW-3) was present at the Medical College turning in the area of Rohtak along with Head Constable Pirthi Singh (PW-2) and some other police officials in connection with patrol duty. At about 3.30 p.m., S.I. Gian Singh received secret information that Ram Parsad appellant has Charas in his possession. Ruqa Ex. PD was sent to the Police Station Civil Lines, Rohtak. F.I.R. was registered. S.I. Gian Singh (PW-3) along with the police party and Bani Singh, an independnet witness, went to the shop of the appellant. Offer was made to the appellant as to whether he wanted to be searched by a Gazetted Officer, or by S.I. Gian Singh himself. Appellant stated that his search be conducted by S.I. Gian Singh. Disclosure Statement Ex. PF/1 was made by the appellant. Charas which was kept in a bag in an almirah in the room of his shop, was recovered on the appellant leading the police party to the almirah. 2 kilograms and 50 grams of Charas was found in the bag. 50 grams of Charas were taken as sample and put in a small tin. The remaining Charas was put in another tin. Both the containers were made into parcels and sealed with the seal "GSV". The seal was given to Bani Singh. S.I. Gian Singh then went to the office of CIA Staff, Rohtak. He produced the appellant along with the case property before Inspector Daya Nand (PW-4).

(3.) INDEPENDENT witness Bani Singh did not come into the witness-box, as he was won over by the appellant.