JAIPAL @ KALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 13.12.2005, and the order of sentence dated 14.12.2005, rendered by the Judge, Special Court, Jhajjar, vide which he convicted the accused/appellant (Jaipal @ Kala), for the offence, punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him, to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of 2-1/2 years, for having been found in possession of 3 kgs. 500 grams charas (falling within the ambit of commercial quantity), without any permit or licence.

(2.) THE facts, in brief, are that on 5.12.2003, Ashok Kumar, SI, alongwith other police officials, in Govt. Jeep No. HR-14-A-2557, was present at Dighal Chowk, in connection with patrolling and investigation of case FIR No. 232/2003, under Sections 148, 353, 186, 307 and 149 IPC, P.S. Beri. In the meanwhile, Bharat Singh,SI, alongwith other police officials, met him. When he was talking to them, a bus came from the side of Jhajjar, going towards Rohtak, from which, a person alighted. He was carrying a white plastic bag, in his right hand. On seeing the police party, he turned back, and started walking fastly, but was apprehended, on suspicion. On enquiry, he disclosed his name as Jaipal @ Kala S/o Om Parkash, R/o Malyan Pana, Dighal. On search of the bag, in accordance with the provisions of law, 3 kgs. 500 grams charas, was recovered. A sample of 200 grams charas, was taken out, and the remaining charas, was kept into a separate container. The sample, and the container, containing the remaining charas, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The statements of the witnesses, were recorded. The accused was arrested. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Ram Phal, ASI, (PW-1), Wazir Singh, Constable (PW-2), Satbir Singh, HC (PW-3), Surender Singh (PW-4), Umed Singh, ASI (PW-5), Bharat Singh, ASI (PW-6), Ashok Kumar, ASI (PW-7), and Y.Puran Kumar, IPS, (PW-8). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.