KAYUM KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 3.5.2004 vide which appellant-accused Kayum Khan 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 the quantum of sentence dated 4.5.2004 vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.25,000/-, in default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of 11/4 years.

(2.) The brief facts of the prosecution case are that on 9.7.2000 the police party headed by PW-6 Inspector Swatanter Singh was present near Nahar Singh Stadium, Faridabad in connection with patrolling. A maruti car bearing registration No.DL-CA-9422 came from the side of Nahar Singh Stadium, Faridabad. On seeing the police party, the vehicle was reversed which arose suspicion. The occupants of the vehicle i.e. the present accused-appellant Kayum Khan, Akib Ali Khan and Raj Kumar (since deceased) were apprehended. They were suspected to be carrying some contraband. The Investigating Officer served a notice Ex.PG under Section 50 of the Act. They gave reply Ex.PG/1 and expressed their desire to be searched in the presence of some Gazetted Officer. PW-1 ASP M.Ravi Kiran was called and in his supervision, the search and seizure was conducted. 100 gms smack kept wrapped in a wax paper was recovered from the front pocket of the shirt of co-accused Akib Ali Khan. Two samples of 5 grams each were separated. The separate sealed parcels of samples and residue smack were prepared and were taken into possession vide memo Ex.PA. The Investigating Officer sent ruqa Ex.PC/1 to the Police Station on the basis of which the formal FIR Ex.PC was registered. The Investigating Officer prepared the rough site plan of the place of recovery Ex.PH. The report Ex.PB was sent to the senior police officers. Accused was arrested. One of the sample parcel was sent to the Forensic Science Laboratory, Madhuban Karnal for examination. On receipt of the report of the FSL Ex.PF and completion of the formalities of investigation, the report under Section 173 Cr.P.C. was presented in the Court.

(3.) It is pertinent to mention that during trial co-accused Raj Kumar died. The trial of the present appellant was separated vide order dated 26.3.2003 as co-accused Akib Ali Khan was confined in Alipur Central Jail, Calcutta.