SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant-accused came to be convicted of an offence under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), and was sentenced to suffer rigorous imprisonment for 15 years and fine of Rs. 1,50,000, in default rigorous imprisonment for three years.

(2.) Briefly stated, the prosecution case is as follows: On 10-3-1992 Sub-Inspector Man Singh along with other police men was preset on patrol duty at the bus stand at Murthal, District Sonepat. Sub-Inspector Man Singh then spotted that accused who was hurrying away in a suspicious manner on seeing the police party. The police party, therefore, stopped him and informed him that his bag will have to be searched. In the First Information Report, it is further stated that a notice in writing was served on the accused appellant to inform him that if he requires, the search of the bag held by him would be in the presence of a Gazetted Officer. The prosecution case is that the said notice was signed by the accused, and the witnesses also attested it. The accused, however, is said to have indicated that he had full faith in sub-Inspector Man Singh, and he was at liberty to take search of the bag. Thereupon Sub- Inspector Man Singh is said to have offered his personal search to the accused, and then the bag of the accused was searched. In the course of search, Charas weighing about 1 kg. 200 grams was found in the said bag. A sample of 10 grams of Charas was separated. The Charas., thus, recovered and the sample of the Charas, thus, separated come to be duly sealed in the presence of witnesses. First Information Report accordingly was also lodged in the Police Station and it was registered at about 2.00 p.m. on 10-3-1992. It may be noted here that the time of occurrence as mentioned in the FIR is 1.30 p.m. on 10-3-1992. This time factor has material significance while assessing veracity of the prosecution case.

(3.) The Sessions Judge, Sonepat, held the prosecution case proved and convicted and sentenced the accused-appellant as mentioned above.