MAHIPAL AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dated 19.2.2010 and the order of sentence dated 22.2.2010 whereby the accused, appellants herein, have been ordered to undergo rigorous imprisonment for a period of 14 years and to pay a fine of Rs.1 lac each for the commission of an offence punishable under Section 20 read with Section 8 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter mentioned as the Act), and in default of payment of fine, to undergo further imprisonment for a period of one year each; for having been found in possession of three kilograms of charas without any permit or licence.

(2.) From the checking of the dash board of the car, one RC (Ex.P3) of the car and an affidavit of Narender Singh (Ex.P4) along with the car were taken into possession vide memo Ex.P12. Seal after its use was handed over to the Investigating Officer. Ruqa was sent to the Police Station, on the basis of which formal FIR was recorded by SI Prem Singh. Site plan of the place of recovery was prepared and statements of the witnesses were recorded. All the accused were arrested.

(3.) On 30.12.2008, the Investigating Officer took the case property as well as the samples from the MHC of the Police Station and produced the same as well as the accused before the Ilaqa Magistrate by moving an application under Section 52-A of the Act (Ex.P18). Inventory Ex.19 was prepared, photographs Ex.P22 to Ex.P28 were taken and thereafter the Ilaqa Magistrate issued certificate Ex.P29. After completion of the investigations, the challan was presented in the court for trial.