MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 19.03.2004 passed by learned Addl. Sessions Judge, Sirsa, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 20,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year under Sec. 18 of the NDPS Act.

(2.) The brief facts of the case are that on 20.03.2002, ASI Jaibir Singh along with police officials was present in area of village Bhamboor in connection with patrolling. In the meantime, accused was seen coming towards them in a jeep. Accused got down from the jeep. On suspicion, he was given notice under Sec. 50 of the NDPS Act asking him as to whether he desired his search before a gazetted officer or a Magistrate. Accused declined the offer and reposed faith in the police party. On search, accused was found in possession of 500 grams of opium milk. Two samples weighing 10 grams each were removed from the bulk of opium milk and remaining came to 480 grams. The case property was taken into police possession vide recovery memo Ex.PF. Ruqa was sent to the police station, on the basis of which FIR was registered. Accused was arrested. Statements of witnesses recorded. On return, the case property along with the accused was produced before SHO Chet Ram, who also affixed his seal on case property and sample parcels and case property was deposited with the police malkhana. After necessary investigation, the challan was presented against the accused -appellant.

(3.) On presentation of challan against accused -appellant, copies of challan and other documents were supplied to him under Sec. 207 Cr.P.C. Finding prima facie case, the accused -appellant was charge -sheeted under Sec. 18 of the NDPS Act, to which he pleaded not guilty and claimed trial.