RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 9.3.2004 vide which accused-appellant has been held guilty and convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and the order on quantum of sentence of the even dated vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lac, in default of payment of fine, he was further ordered to undergo rigorous imprisonment for a period of two and a half year.

(2.) The case of the prosecution in nutshell is that on 7.3.2001, PW-5 Sub Inspector Rattan Singh along with other police employees was present on the bridge of drain in the area of village Beholi. PW-4 Ram Gopal met him. They were talking. In the meanwhile, the accused-appellant came from the side of village Beholi carrying a polythene bag on his right shoulder. On seeing the police party, he turned back and started walking fastly. He was apprehended on suspicion by SI Rattan Singh with the help of his companions. Suspecting some intoxicant in his possession, the Investigating Officer served a notice under Section 50 of the Act giving him the option of his search in the presence of a Gazetted Officer or a Magistrate. In the reply thereof, the accused-appellant opted for his search in the presence of a Gazetted Officer. Sub Inspector Rattan Singh gave a wireless message to PW-7 Kuldip Singh, DSP, Samalkha to reach at the spot. On his arrival, he verified the facts and gave directions to the Investigating Officer to take the search of the accused as per law. On checking of the polythene bag, 2 kg charas was recovered from the possession of the appellant. 100 gm charas was separated as sample. The separate sealed parcels of the sample and the residue charas were prepared bearing seal impression 'RS'. The DSP also affixed his seal bearing 'KS' on both the parcels. The aforesaid parcels were taken into possession vide memo Ex.PE. The Investigating Officer sent ruqa Ex.PF to the police station on the basis of which FIR Ex.PF/1 was registered. He also prepared the site plan of the place of recovery Ex.PG. Accused was arrested. The sample parcel was sent to the Forensic Science Laboratory, Madhuban Karnal and the contents thereof were found to be of charas. On completion of the formalities of investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (in short 'the Cr.P.C.') was presented in the Court.

(3.) After compliance of the provisions of Section 207 Cr.P.C, the accused-appellant was charge-sheeted for the offence punishable under Section 20 of the Act to which he pleaded not guilty and claimed trial.