BANSI LAL @ BANI Vs. U T ADMINISTRATION, CHANDIGARH

JUDGEMENT

(1.) Present appeal against judgment dated 01.09.2003 passed by learned Special Court, Chandigarh, thereby convicting appellant Bansi Lal alias Bani in FIR No.206 dated 28.10.2000, under Section 20 of the NDPS Act, registered at Police Station Manimajra, U.T., Chandigarh.

(2.) Relevant facts of the case that on 28.10.2000, appellant was found to be in possession of 800 grams 'Charas'. The search was conducted after giving notice. Sample of 50 grams was taken and remainder was sealed separately. Seal was handed over to Mohinder Singh after its use. Sample parcel, case property and witnesses were produced before SHO on the same day, who affixed his seal 'NR' on the sample parcel and the case property and the same were deposited with MMHC Police Station, Manimajra. On receipt of report from CFSL and completion of necessary investigation, the challan was presented in the Court. During the trial of the case, charge under Section 20 of the NDPS was framed against appellant, for which he pleaded not guilty.

(3.) Prosecution examined Ashok Kumar Dalela, Jr. Scientific Officer as PW-1, Constable, Yash Pal as PW-2, Inspector, Nanha Ram as PW-3, SI, Chander Singh as PW-4, HC, Rajinder Parshad as PW5, ASI, Tarsem Singh as PW-6, Mohinder Singh as PW7, Surinder Kumar ASI as PW8, HC, Harpal Singh as PW-9 and DSP, S.C. Abrol as PW10. Accused were examined under Section 313 Cr.P.C. Learned trial Judge after considering the material and evidence available on file and considering the prosecution version and defence evidence, held appellant guilty and convicted and sentenced him thereunder. Being aggrieved of passing of such judgment of conviction and order of sentence, the appellant filed appeal before this Court.