SATYAMPURI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Satyampuri has filed the present appeal challenging judgment dtd. 24/9/2010 passed by the Additional Sessions Judge-cum-Special Judge, Fatehabad vide which he has been held guilty for having committed offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and has been sentenced to undergo rigorous imprisonment for 12 years and to pay fine amounting to Rs.1.00 lac.

(2.) The prosecution story, in nutshell, is that on 1/8/2009 when a police party headed by Inspector Telu Ram (PW-3) was present at ITI Chowk, Tohana then appellant Satyampuri was noticed coming from the side of railway crossing carrying a plastic bag on his right shoulder, who upon seeing the police party turned back and started walking briskly. On suspicion he was apprehended by the police. Upon inquiry, he disclosed his name as Satyampuri. Since it was suspected that he was carrying some narcotics, Inspector Telu Ram (PW-3) served him with a notice under Sec. 50 of the of the NDPS Act extending him option of getting his search effected in the presence of a Gazetted Officer or a Magistrate. The appellant Satyampuri opted to be searched in the presence of a Gazetted Officer. Inspector Telu Ram, accordingly contacted DSP Harish Kumar Dutta telephonically and requested him to come to the spot. After a shortwhile DSP Harish Kumar Dutta came there and under his directions and in his presence Inspector Telu Ram searched the bag carried by the appellant Satyampuri which was found to contain 'charas'. Two samples weighing 50 grams each were separated from the recovered charas and upon weighment of the remaining recovered 'charas' the same was found to be weighing 9 kgs. and 900 grams. The samples as well as the remaining 'charas' were packed into separate parcels and were duly sealed with the seal of Inspector Telu Ram bearing initials 'TR'. The seal after use was handed over to ASI Manphool Singh. The DSP Harish Kumar Dutta also affixed his seal bearing initial 'HK' on both the sample parcels as well as the parcel containing the remaining recovered 'charas'.

(3.) Upon interrogation, Satyampuri disclosed that one Rajbir @ Rajinder of Uklana and one doctor of Patran had supplied the said 'charas' to him. The aforesaid proceedings were recorded in the shape of a 'ruqa' (Ex.P-6) duly signed by Inspector Telu Ram and the said 'ruqa' was sent to police station through Constable Rajinder, on the basis of which FIR (Ex.P-7) was lodged at Police Station City Tohana, Fatehabad on the same day itself.