RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated March 22, 1994, passed by the Additional Sessions Judge, Sonepat, whereby the appellant has been convicted under section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) THE facts leading to the prosecution are that on March 30, 1993, at about 6.15 p.m. a police party headed by Inspector Ram Phal, while on patrolling duty, was present in front of the main gate of Senior Secondary Janata School, Ganaur. The appellant was sighted while coming from the side of village Ganaur having a bag on his left shoulder. On a suspicion having arisen, Inspector Ram Phal disclosed to the appellant that the latter was suspected to be in possession of charas and his search was to be conducted, and also required if he wanted to get his personal search conducted in the presence of a gazetted officer. A written notice- Exhibit PA was served upon the appellant who opted for his search by the said Inspector and signed Exhibit PA in respect of his said choice. On conducting a search of the bag, it was found to contain 1 Kg. 10 Grams of charas. A sample weighing 50 gms. was separated. The sample as well as the remainder were separately sealed with the seal bearing the impression of 'MS'. Seizure memo. Exhibit PB was prepared. On a ruqa-Exhibit PC sent to the Police Station, formal FIR-Exhibit PC/1 came into existence. The case property as well as the accused was produced before the Deputy Superintendent of Police, who after making due inquires, put his seal of initials of 'OP' on the parcels containing the sample charas and the remaining charas. The sample parcel was sent for chemical examination. After receiving the report-Exhibit PX from the Chemical Examiner and completing the investigation, a charge-sheet was filed against the appellant.

(3.) IN his examination under section 313 of the Code of Criminal Procedure, the appellant denied all the allegations of the prosecution and pleaded false implication. He did not produce any evidence in defence.