CHHOTU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is appeal against the judgment dated 24.09.2003 and order dated 26.09.2003, whereby the appellant was convicted and sentenced for the offence punishable under Section 18(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (later referred to as 'NDPS Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1 lakh and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) As per case of the prosecution, on 10.03.2001, Inspector Sukhraj Singh along with his police party reached Bus Stand Bhuna in connection with patrolling and checking of crime, where Head Constable Khyaliram and others met them and were joined in the police party. When the police party was going towards village Nadhori via kacha path through village Jandali Khurd, appellant was spotted near Bhuthan minor canal, carrying a plastic bag in his hand. On witnessing the police party, he immediately took left turn towards the fields and was apprehended on the basis of suspicion. On inquiry, appellant narrated his name as Chhotu Ram son of Ram Ridh, resident of Nadhori. Inspector Sukhraj Singh suspected that appellant was carrying some intoxicant in his bag and intended to search the same and apprised the appellant of his legal right of getting his search conducted before some Magistrate or Gazetted Officer. The appellant opted for getting his search conducted at the spot before some Gazetted Officer. Memo to this effect was prepared and intimation was sent to DSP Ashok Kumar through control room with request to reach at the spot. He reached the spot at about 1.30 pm. On the instructions of DSP Ashok Kumar, search of the bag of appellant was conducted and it was found containing three packets of opium wrapped in glazed paper. Two samples of 50 grams each were separated from each packet and were put in small tin containers while the remaining opium on weighment was found to be 2700 grams i.e. 900 grams in each packet. Remaining opium was also put in a plastic container. Separate parcels of samples as well as remaining opium were prepared and sealed with seal of Investigating Officer 'KR' and DSP Ashok Kumar also affixed his seal 'AK'. Entire opium was taken into possession vide recovery memo Ex.P5. Ruqa Ex.P1 was sent to Police Station, Bhuna, whereupon formal FIR (Ex.P2) was registered. Rough site plan of the place of recovery was prepared. On personal search of the appellant, a purse containing Rs.50/- and a watch in working condition were recovered, which were taken into possession vide recovery memo (Ex.P10). On reaching the police station, appellant and the case property were produced before SHO, Police Station Bhuna, who made inquiries from the witnesses and the accused (appellant) and put his seal 'HC' on the case property, which thereafter was deposited with MHC. Samples were sent to Forensic Science Laboratory, Madhuban and vide report (Ex.P12), the same were found to be of opium.

(3.) After completion of investigation, challan against the appellant was presented in the Court. On finding a prima facie case for the offence punishable under Section 18 NDPS Act, the appellant was charge-sheeted to which he pleaded not guilty and claimed trial.