SUNDER ALIAS RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment dated 02.09.2003 passed by the learned Judge, Special Court, Faridabad, vide which accused -appellant Sunder alias Ravinder has been held guilty and convicted for the offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') and the order on quantum of sentence dated 04.09.2003, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/ -, in default of payment of fine to further undergo rigorous imprisonment for nine months.

(2.) AS per the prosecution case on 31.03.2002 PW8 SI Dhan Singh along with police employees was present near Gaunchi Octroi Post in connection with patrolling. PW7 Arjun Singh met them. In the meanwhile, SI Dhan Singh received a secret information against the appellant that he was selling the Ganja at Sona 'T' point. The Investigating Officer constituted a raiding party and the Nakabandi was conducted at Sona 'T' point. After some time, an auto rickshaw was seen coming from the side of Ballabhgarh. Out of which some persons, including the appellant, alighted. The appellant after alighting from the three wheeler, tried to turn back on seeing the police party. He was apprehended on suspicion. The Investigating Officer served the notice Ex.PF giving him an option for his search in the presence of a Gazette Officer or the Magistrate. Vide consent memo Ex.PF/1, he opted his search in the presence of some Gazetted Officer. PW5 Jagroop Singh, Additional Superintendent of Police, Faridabad was called at the spot. In his presence the polythene bag in the possession of the accused was searched, which was found containing 4 kilogram 500 grams Ganja. 10 grams of Ganja was separated as sample. Separated sealed parcels of sample and residue Ganja were prepared and taken into possession vide memo Ex.PF. The Investigating Officer sent Rukka Ex.PG to the Police Station. On the basis of which, formal FIR Ex.PD was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PE. The accused was arrested. The case property was deposited in intact condition in the Malkhana. Sample parcel was sent to the Forensic Science Laboratory, Madhuban (Karnal) for examination. On receipt of the report of the FSL Ex.PJ and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure,1973 (hereinafter called 'Cr.P.C.') was presented in the Court.

(3.) THE accused appellant was charge sheeted for the offence punishable under Section 20 of the Act vide order dated 03.07.2002 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.