RAM KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 27.07.2004, passed by the learned Judge, Special Court, Sonepat, vide which accused-appellant Ram Karan has been held guilty and convicted for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on quantum of sentence dated 30.07.20104, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of 20,000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) As per the prosecution case, on 18.01.2003 PW6 Assistant Sub Inspector Balraj Singh, the Investigating Officer of the case, along with other police officials was present at Kalupur Octroi Post. At about 05:00 P.M., one car bearing registration No. HR-26K-8888, being driven by the accused-appellant, was seen coming from the side of village Bhaiyanpur. The Investigating Officer intercepted the car and asked the accused-appellant to disembark from the car and show the documents of the car. The accused-appellant took out one polythene bag from his jacket and tried to throw the same. He was apprehended in that process.

(3.) The accused-appellant was charge-sheeted for the offence punishable under Section 20(b) of the Act vide order dated 29.04.2003 by the learned trial Court, to which the accused-appellant pleaded not guilty and claimed trial.