JAWAHAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal arises out of the judgment of conviction dated 12.08.2009 and order of sentence dated 13.08.2009 rendered by the learned Special Court, Panipat, whereby the appellant was convicted for an offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs.1,50,000/ -. In the event of default of payment of fine, the appellant shall further undergo rigorous imprisonment for a period of one year and six months.

(2.) ON 01.01.2008, SI Rajbir Singh, CIA -I, Panipat along with other police officials was present at T -point Sikandarpur Kabri Road for checking of crime and patrolling duty. One person i.e. the present appellant was seen coming from Panipat side having a bag in his right hand. On seeing the police party, he sought to slip away. Due to suspicion, he was overpowered. On inquiry, he disclosed his name and address as Jawahar Lal son of Bhagwan Chand, resident of Dehabi, P.S. Aanni, District Kullu (HP). After introducing himself, ASI Rajbir Singh served a notice under Section 50 of the Act and apprised the accused of his rights and sought his option for search either in the presence of a gazetted officer or a Magistrate. Upon notice, the appellant opted that he wanted himself to be searched from a Gazetted Officer. Thereafter, Shri Rohtash Singh Ahlawat, DSP, Panipat reached at the spot on receipt of message from ASI Rajbir Singh. After introducing himself to the accused -appellant, Shri Rohtash Singh Ahlawat, DSP, Panipat, directed ASI Rajbir Singh to search the bag. On search of the bag being carried out, charas wrapped in the polythene was recovered. On weighment, the charas came to be 3 Kgs. Out of the recovered charas, two samples of 20 gms. each were separated. The remainder i.e. 2.960 Kgs. charas along with polythene was also put in another plastic box. The samples as well as remainder were converted into separate parcels and sealed with seals bearing impressions 'RS' belonging to SI Rajbir Singh and 'RSA' belonging to Shri Rohtash Singh Ahlawat, DSP, Panipat. All the articles i.e. charas and bag etc. were taken into possession. Since the accused -appellant was found in possession of 3 Kgs. Charas without any permit or licence, SI Rajbir Singh sent information Ex.PA to the Police Station, on the basis of which FIR Ex.PA/1 was recorded. After completion of necessary formalities, report under Section 173 of the Cr.P.C. was finalized and the appellant was made to stand trial for an offence punishable under Section 20 of the Act.

(3.) IN his statement recorded under Section 313 Cr.P.C., the appellant has taken a stand that he has been falsely implicated by the Police and that no recovery was affected from him. In his defence, the accused examined as many as six witnesses.