BAL VINOD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by appellant Bal Vinod directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Kurukshetra dated 11.10.1993 and 12.10.1993 respectively. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter described as 'the Act') and by the subsequent order of sentence, he was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for two years.

(2.) THE facts of the prosecution case in brief are that on 28.2.1992 SI Jeet Kumar was posted as Officer-in-charge, Police Station, Government Railway Police Station, Kurukshetra. On that day at 7.17 P.M. he alongwith Sudhir Kumar Sharma, Excise Inspector, HC Hori Lal and other police officials namely HC Ranjit Singh, HC Sube Singh and Constables Jagdish, Ramesh Kumar and Om Pal were present at Platform No. 2, Railway Station, Kurukshetra. They had assembled there for checking of bad characters and smugglers. At 7.17 P.M. Train No. 4098 Down 'Himalyan Queen' arrived at Platform No. 2. Two persons stepped from the compartment and sat on the bench located near Railway Bridge. One of them disclosed his name as Bal Vinod and Mangat Ram. SI Jeet Kumar enquired as to if they wanted their person to be searched before a Gazetted Officer. The answer was in the affirmative.

(3.) THE site plan was prepared. Ruqa was sent to the police station through C. Ramesh Kumar. HC Jeet Ram recorded the formal first information report. The articles recovered including the sample were deposited in the Malkhana. Subsequently the representative sample was sent for the report of the Chemical Analyst. It was found to be charas. This led to the filing of the challan against the (sic).