CHAND SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 06.02.2013, vide which the appellant has been 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 of sentence dated 08.02.2013, vide which the appellant was sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1,50,000/-, in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of two years.

(2.) In nutshell, the facts giving rise to this prosecution are that on 23.4.2010, PW-13 SI Balbir Singh along with PW-12 ASI Balwan Singh and other police employees was present at old Bus Stand, Sampla. He received a secret information that appellant Chand Singh, who is a handicapped, indulges in selling charas and a if raid is conducted he can be apprehended. SI Balbir Singh reduced the secret information into writing in shape of the notice Ex.P-2 as required under Section 42 of the Act and sent the same to the Police Station through constable Baljit Singh. Thereafter, he prepared the raiding party and reached at the house of the appellant. He was found present there. The Investigating Officer served a notice under Section 50 of the Act upon the accused apprising him that he was suspected to have the Charas and the Investigating Officer want to take the search. The option was given to him as to whether he wants his search to be conducted in the presence of a Magistrate or a Gazetted Officer. Accused opted for his search in the presence of Gazetted Officer.

(3.) The Investigating Officer produced the accused, witnesses and the case property before PW-11 Inspector Kuldeep Singh, the then SHO, Police Station, Sampla. He also verified the facts of the case from the witnesses as well as the accused and checked the case property. He affixed his seal bearing impression 'US' on all the sample parcels and the parcels containing the remainder Charas. The report under Section 57 of the Act was prepared and sent to the Deputy Superintendent of Police.