PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prem Singh son of Jai Narain was prosecuted in case FIR No. 395 dated 24.12.1998, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as 'the Act') by the police of police station Sadar Bahadurgarh, District Jhajjar for having in his possession 3 Kgs of charas.

(2.) The case set out in the FIR is that on 24.12.1998, Inspector Rohtas Singh alongwith his companion officials was present on patrol duty. When he was returning from village Asnauda, near a railway crossing, he spotted a young man having a bag in his right hand coming from the front side. On seeing the police party, he tried to hide himself and on suspicion he was apprehended. He is said to have disclosed his name as Prem Singh son of Jai Narain. An offer as envisaged under Sec. 50 of the Act was given to him. He opted for being searched by a gazetted officer. Smt. Suman Manjri, DSP was informed on wireless. The appellant was searched Criminal Appeal No. 204 SB of 2001 2 in her presence. 3 Kgs of charas was recovered. After the seizure, the sample was sent to the Chemical Examiner.

(3.) Investigating Agency submitted its report under Sec. 173 Code Criminal Procedure The learned Judge, Special Court, Rohtak framed the charge under Sec. 20 of the Act, to which the appellant pleaded not-guilty and claimed trial.