VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 12.09.2003, passed by the learned Judge, Special Court, Faridabad, vide which accused -appellant Vinod has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after referred to as 'the Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/ -, in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) AS per the prosecution case, on 09.07.2001 PW. 2 Assistant Sub Inspector Deen Dayal, the Investigating Officer of the case, along with other police officials was present in the area of village Jaindapur in connection with patrolling. He saw that the accused -appellant was coming from the side of bus stand while carrying a plastic bag over his head. On seeing the police party, the accused -appellant tried to slip away. On suspicion, he was apprehended. The Investigating Officer asked the accused -appellant that he suspected some contraband in the bag carried by him. The accused was served with notice Ex. PA apprising him of his right to get his search conducted in presence of a magistrate or a gazetted officer. Vide memo Ex. PC, the accused opted to get his search conducted in the presence of some gazetted officer. The accused was taken to the office PW. 8 Om Parkash, Deputy Superintendent of Police. In his presence, search of the bag was conducted. It was found containing 10 kilograms of poppy husk. From the recovered poppy husk, one sample of 200 grams was separated. The sample and the residue were converted into two separate parcels and were sealed with seals bearing impressions 'DD' and 'OP' of the Investigating Officer and the DSP, respectively. The case property was taken into possession vide recovery memo Ex. PB. Ruqqa Ex. PD was sent to the police station, on the basis of which, formal FIR Ex. PD/1 was registered. The Investigating Officer prepared the site plan Ex. PE of the place of recovery. Statements of the witnesses were recorded.

(3.) THE accused -appellant was charge -sheeted for the offence punishable under Section 15 of the Act vide order dated 06.11.2001 by the learned trial Court, to which the accused -appellant pleaded not guilty and claimed trial.