WAZIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 10.4.2003 passed by the Court of learned Additional Sessions Judge, Bhiwani, whereby he convicted and sentenced Wazir Singh accused/appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of the same, to further undergo rigorous imprisonment for one year under Section 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').

(2.) SUCCINCTLY put, the facts of the prosecution case are that on 2.12.2001 at about 4.30 P.M., ASI Maha Singh, among other police officials, happened to be present at Siwani Chowk, Tosham, being on patrol duty. Meanwhile, the accused holding a bag in his right hand came from Kairu side. On suspicion, he was apprehended. ASI told the accused that the bag in his possession was suspected to contain some contraband and if he wanted, he can have search of the same in the presence of a Gazetted Officer. He opted to have search of his bag before a Gazetted Police Officer. On receipt of the telephonic message, Ram Kumar DSP came at the spot. On search of the bag, Charas weighing 1 kg. 300 grams was recovered. Two samples of 50 grams each of Charas were drawn from the bulk and converted into parcels. The residue was also turned into a parcel. These parcels were sealed with the seals MS and RK and seized vide recovery memo. The seal MS after use was handed over to HC Satbir Singh, whereas the other seal RK was kept by Ram Kumar DSP with himself. The ASI sent Ruqa to the Police Station, where on its basis, formal FIR was registered, prepared rough site plan showing the place of recovery, formally arrested the accused, prepared report under Section 57 of the Act and produced the parcels before Balwan Singh SI, who after verification, affixed his own seal BS on the parcels and prepared the report. Thereafter, these parcels were deposited with MHC with seals intact. On receipt of Forensic Science Laboratory's report and after completion of investigation, the charge sheet was laid in the Court for trial of the accused. The accused was charged under Section 20 of the Act, to which he did not plead guilty and claimed trial.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the accused denied all the incriminating circumstances appearing in the prosecution evidence against him and pleaded false implication. He did not lead any evidence in defence.