SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) SANDEEP , accused/appellant, assailed the judgment of conviction dated 14.01.2010 and order of sentence dated 16.01.2010 rendered by the then Additional Sessions Judge -III, Bhiwani, whereby he was convicted for keeping in his possession 7 Kgs. of Charas without any permit or licence. He was sentenced to undergo rigorous imprisonment for a period of life and to pay a fine of Rs. 1,00,000/ - (Rupees one lac only) with default clause for committing offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'NDPS Act').

(2.) AS per prosecution case, on 12.01.2009, SI Raj Kumar along with other police officials was present in front of BITS College, Bamla, on Delhi -Bhiwani road, on patrol. In the meanwhile, a private jeep came from Rohtak side. One person alighted from that jeep with a bag in his hand. On seeing the police party, he turned back and started walking briskly towards BITS College. On the basis of suspicion, he was apprehended with the help of police officials. On inquiry, he disclosed his name as 'Sandeep son of Rajender Parshad'. On the basis of suspicion that he was having contraband in his possession, a notice under Section 50 of the NDPS Act was given to him telling him his right to get the search of his bag conducted in the presence of a Gazetted Officer or a Magistrate. To this, accused/appellant exercised his option in favour of a Gazetted Officer. Consequently, DSP Ram Avtar was called at the spot. On the direction of the DSP and in his presence, the bag of the accused/appellant was searched whereupon Charas was found in the same. Two samples of 100 grams each were separated. The residue was weighed to 6.800 Kgs. Residue was again put into the same bag. Both the samples as well the bag were separately sealed with the seal of 'RK'. DSP Ram Avtar also put his seal impression 'RA' on each parcel and the same was taken into police possession, vide recovery memo. Seal after use was handed over to ASI Dlibag Singh. Ruqqa was sent to the police station whereupon formal FIR was registered. Rough site plan of the site was prepared and accused was arrested.

(3.) ON 13.01.2009, accused/appellant and case property were produced before the court of ACJM, Bhiwani. Thus, compliance of Section 52 -A was made. After completion of necessary investigation, challan was presented in the court.