KRISHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Krishan Kumar (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Karnal dated 23-5-1995 and 24-5-1995 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 & Psychotropic Substances Act, 1985 (hereinafter described as the Act). By the subsequent order dated 24-5-1995 the appellant was sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. one lac. In default of payment of fine, he was to undergo further rigorous imprisonment for 3 years.

(2.) The relevant facts giving rise to the present appeal are that prosecution alleged that on 28-9- 1993 A.S.I., C.I.A Staff. Kamal Dilbag Rai alongwith other police officials was present at Octroi Post Ghoghripur. They were on patrol duty. The appellant was noticed holding a bag in his right hand. He was coming from Karnal side. On seeing the police party, he retreated. On, suspicion he was stopped. ASI Dilbag Rai told the appellant about the suspicion and that whether he would like his search to be conducted in presence of a Gazetted Officer or by him. The appellant replied that search be conducted in presence of a Gazetted Officer. Constable Ashok Kumar was deputed and he called the Deputy Superintendent of Police Chanda Singh. Thereafter the search of the bag was conducted. It contained Charas wrapped in a polythene bag of yellow colour. 50 grams was taken as the sample. The sample and the rest of the Charas weighing 700 grams were converted into two different parcels and sealed with the seal of DR. Both the parcels were taken into possession vide a recovery memo. Ruqa was sent to the police station, on basis of that First Information Report was recorded by SI Suba Singh. The appellant and the case property were brought to the police station and produced before Ram Kumar, Station House Officer. He verified the facts and affixed his seal on the representative sample and the other packets containing rest of the Charas. Subsequently, the sample was sent to the Forensic Science Laboratory for chemical analysis. On receipt of the report that it was Charas, challan as against the appellant was filed.

(3.) The learned trial court framed a charge against the appellant for the offence punishable under Section 20 of the Act. He pleaded not guilty and claimed a trial. In support of its case, the prosecution examined 3 witnesses, which included ASI Dilbag Rai and DSP Chanda singh as P.W. 2 and P.W. I respectively. The statement of the appellant was recorded. The incriminating circumstances appearing in evidence against him were put to him in the form of different questions. Appellant denied the recovery of charas from his person. He stated that one Radhu Ram and he himself were Chelas of Baba Jeet Gir. The land of the Baba is located in City Karnal. The political bosses of Karnal City had a dispute with respect to said land. The appellant objected in not getting possession of the land. It annoyed the political bosses, as a result of which he has falsely been implicated.