NARENDER ALIAS MOTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) At the very out -set, It may be mentioned that along with the appellant one Surender alias Sunder, son of Nardev Singh, resident of village Moth Karnail was also booked in the present case for having in his conscious possession 4 Kgs of charas, as both were apprehended at the same place and same time (i.e. 20 -8 -2000 at 9 -00 PM). The prosecution agency has, however, registered one case only against both of them bearing FIR No. 201 dated 20 -8 -2000, at police station Narnaund, under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act, 1988 (for short the 'Act'). Aforesaid Surender alias Sunder also stands convicted under Sec. 20 of the Act vide separate judgment of learned Additional Sessions Judge, Hisar dated 15/17 -9 -2001 and has been awarded the same sentence. He has preferred his separate appeal (bearing Criminal Appeal No. 114 -SB of 2002), which also stands disposed of vide my separate judgment of even date.

(2.) Narender alias Mota son of Satbir Singh, resident of village Moth Karnail, District Hisar (appellant -herein) stands convicted under Sec. 20 of the Act for keeping in his possession 4Kgs 400 grams of charas vide impugned judgment of learned Additional Sessions Judge, Hisar dated 15/17 -9 -2001. He has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default thereof to further undergo RI for one year.

(3.) Briefly, the case of the prosecution is that on 20 -8 -2000 at about 9 -00/9 -15 PM, ASI Sohan Singh (PW7), who was posted in CIA staff Hisar along with HC Om Parkash, HC Ram Kumar, UGC Krishan Kumar, Constables Hanuman, Hari Krishan besides other police officials was present at Piaoo Chowk in a government vehicle in connection with general patrolling and crime checking when he got a secret information that the present appellant along with one Surender alias Sunder, who have been indulging in selling of charas, would be going to supply the same in some villages and if nakabandi is laid near the Bus Stand, they could be apprehended. One Ram Mehar was also joined in the police party as a witness. In the meantime the present appellant along with Surender alias Sunder was seen coming from the side of village Moth. Both were having bags in their hands. After seeing the police party, they tried to run away. Both of them were apprehended by ASI Sohan Singh. Notice (Exhibit PF) was served upon the appellant, vide which he was apprised of his right to get his search conducted in the presence of a gazetted officer or a Magistrate. The said notice was signed by all the police officials and independent witness Ram Mehar. As the appellant consented to be searched before a gazetted officer DSP Raj Kumar (PW8) was called at the spot through VT message and on his direction the thela carried by the appellant was searched. It was found to contain 4 Kgs. grams of charas. 50 grams out of it was separated as a sample. The remainder was put in the same bag.