DARSHAN SINGH Vs. C.B.I.

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 23.07.2004 passed by learned Judge, Special Court, Kurukshetra, vide which accused -appellant Narinder Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on the quantum of sentence of the even dated, vide which the accused -appellant has been sentenced to undergo rigorous imprisonment for a period of 03 months and to pay a fine of Rs. 5000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of 02 months.

(2.) IN nutshell, the allegations of the prosecution are that on 26.03.2002, ASI Om Parkash the Investigating Officer of the case, on receiving the secret information, conducted the raid on the Dhaba of the accused -appellant under the name and style 'Karan Dhaba', situated at G.T. Road in the area of village Samani, Distt. Kurukshetra. From the search of the store of the Dhaba, a plastic canny, suspected to be containing the narcotic substance, was recovered. The Investigating Officer gave option to the accused -appellant for conducting his search in the presence of any magistrate or a gazetted officer by serving the notice under Section 50 of the Act Ex. PG. The accused -appellant opted for his search to be conducted in the presence of a gazetted officer vide reply Ex. PG/1. Anil Kumar Dhawan DSP, Headquarter, Kurukshetra was telephonically informed and he reached at the spot. The contents of the plastic canny was checked in the presence of Anil Kumar Dhawan, DSP and the witnesses, which led to the recovery of 1 kilogram and 500 grams of poppy husk. 250 grams poppy husk was separated as sample. The residue poppy husk was put in the same plastic canny. The separate sealed parcels of the sample parcel and residue were prepared and were sealed with the seals bearing impressions 'OP' and 'AK' by the Investigating Officer and DSP Anil Kumar Dhawan, respectively. The contraband was taken into possession vide memo Ex. PC. Investigating Officer sent the ruqqa Ex. PF, on the basis of which formal FIR Ex. PF/1 was registered. The accused -appellant was arrested.

(3.) THE accused -appellant was charge -sheeted for the offence punishable under Section 15 of the Act vide order dated 08.10.2002, to which he pleaded not guilty and claimed trial.