SHAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 22-12-1994 passed by the Additional Sessions Judges, Ambala whereby the appellant has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the. Act) and sentenced to undergo rigorous imprisonment for ten years and also to pay fine of Rs. 1 lac and in default of payment of fine to undergo further imprisonment for two years.

(2.) The facts necessary for the disposal of this appeal are that on 18-2-1993 when A.S.I. Hari Pal of C.I.A. staff Panchkula alongwith three constables was present on patrolling duty in the market, he received a secret information that a person having charas in his possession was coming from the side of Bhainsa Tibba in search of a customer. In the meantime one boy was sighted while coming from that side. On the pointing out by the secret informer the said boy was overpowered, who on enquiry disclosed his name as Sham Lal son of Mansa Ram. D.S.P. Bishan Singh happened to reach there by chance. The appellant was produced before the said D.S.P. and the secret information was also disclosed to him. On a direction given by the D.S.P. A.S.I. Hari Pal conducted the search of the appellant. From a polythene bag found underneath the shirt charas weighing 500 grams was recovered. 50 grams of the contents were separated by way of a sample. The charas and the remaining contents were converted into two separate parcels sealed with theseal of the said D.S.P. and A.S.I. Hari Pal. Recovery memo was prepared at the spot. Ruqa Ex. PA was sent to the Police Station on the basis of which formal F.I.R. Ex.PA/1 was recorded. Case property was deposited in the malkhana. Sample parcel was sent to the office of the Forensic Science Laboratory, Madhuban. On the receipt of the report Ex.PC and the completion of the investigation a charge-sheet under Section 20 of the Act was filed in the Court.

(3.) A charge under Section 20 of the Act was framed against the appellant which he denied and. claimed trial.