ZILE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Zile Singh was convicted for the offence punishable under Section 20(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 40,000, in default thereof, to undergo further imprisonment for a period of two years.

(2.) AS per the prosecution case, Sub Inspector Ram Chander of Police Station Sadar Gohana was present at Bus Stand of village Bichpari, where he received a secret information that appellant Zile Singh was habitual of selling charas and was present near the watercourse. The informer apprised the police party that appellant was selling charas at that time also and if a raid is conducted, charas can be recovered from him. On receipt of secret information, police party immediately rushed towards village Bichpari and on indication of the informer, apprehended the appellant. The appellant was apprised of the suspicion of Investigating Officer about some contraband in his possession and served with notice Ex. PA which reads as follows: -

(3.) ON message, Sanjay Bishnoi, Tehsildar, Gohana reached the spot. He verified the facts of the case. After conducting search of SI Ram Chander, he asked him to search the appellant. From the right side pocket of pant of appellant, charas wrapped in glaze paper was recovered which on weighing, came to be 500 grams. A sample of 50 gms of charas was separated and sealed with the seal of Investigating Officer. The remaining charas was also put in a parcel and sealed with seal 'RC' and was taken into possession vide recovery memo Ex. PC, ruqa Ex. PD was sent to Police Station Sadar Gohana, whereupon formal FIR Ex. PD/1 was recorded by Head Constable Ramesh Chand. Rough site plan (Ex. PE) of place of recovery was prepared. The sealed parcels along with the appellant were later on produced before Sub Inspector/SHO Vijender Singh, who also fixed his own seal bearing impression 'VS' on the sealed parcels. The sample was later on sent to Forensic Science Laboratory, Haryana, Madhuban and found to be that of charas vide report (Ex. PG).