SEWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 26.02.2004, vide which appellant -accused Sewa Ram was held guilty and convicted for the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order on the quantum of sentence of the even dated, vide which the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. One lac, in default of payment of fine he was ordered to further undergo rigorous imprisonment for a period of two and half years.

(2.) THE brief facts of the prosecution case are that on 20.09.2000, ASI Sukhbir Singh PW -5 along with other police employees was present on the bridge of canal near thermal power house in connection with patrolling and nakabandi. He received a secret information that appellant Sewa Singh is habitual of selling 'sulfa' and within no time he will be coming towards Madlauda for that purpose. On this, ASI Sukhbir Singh and his companions became alert and started keeping a watch on the people passing through that place. In the meanwhile, the accused came on the bridge from the kucha passage on the southern side and on seeing the police party, he immediately turned back and started walking towards Panipat. On suspicion, he was apprehended by PW -5 Sukhbir Singh with the help of his companions.

(3.) ON return to police station, he produced the accused, case property and the witnesses before PW -6 Dalbir Singh, SHO of Police Station Madlauda. He verified the facts and affixed his seal bearing impression 'DS' on both the sealed parcels. On his direction, the case property was deposited with the M.H.C of the Police Station. The sample was sent to F.S.L, Madhuban for examination and was found to be of Charas. After completion of the necessary formalities, the report under Section 173 Cr.P.C was presented in the Court.