DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Dalip Singh has filed the present appeal against the judgment of conviction dated 02.06.2004 passed by learned Special Judge, Sonepat in case FIR No. 19, dated 05.03.2003, under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the NDPS Act"), registered at Police Station, Baroda.

(2.) Facts of the case in brief are that on 05.03.2003 ASI Rajiv Kumar alongwith ASI Om Parkash and other police officials on the basis of a reliable secret information laid Nakabandi on the drain in the area of village Kathura where accused Dalip was seen coming from Katwara side. On seeing the police party he retraced his steps towards southern pavement of the drain. On suspicion he was apprehended and served with a notice under Section 50 of the Act, appraising his right to be searched before a Gazetted Officer or a Magistrate. Accused opted for search to be made by a Gazetted Officer. Accordingly a message was sent to Sh. Sham Singh Rana, DSP Gohana who reached the spot. During search of accused, 1 Kilogram of charas was recovered from his possession. Ruqa Ex.PB was sent to the police station, upon which FIR Ex.PB/1 was registered. Accused was charge sheeted for offence under Section 20(b) of the NDPS Act on 20.05.2003, to which he pleaded not guilty and claimed trial.

(3.) Prosecution in order to prove its case examined as many as eight witnesses namely DSP Sham Singh Rana,PW1; ASI Siri Kishan, PW2; C. Jagbir Singh, PW3; ASI Om Parkash, PW4; ASI Rajiv Kumar, PW5; Vijender Singh, SI/SHO, PW6; C. Rajesh Kumar 956, PW7 and ASI Ram Niwas as PW8. In statement under section 313 Cr.P.C., accused refuted the allegations against him and examined Satpal Singh, DW1 in his defence.