JAILI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 13.12.2003, and the order of sentence dated 24.12.2003, rendered by the Court of Addl. Sessions Judge, Jind, vide which it convicted the accused/appellant Jaili, for the offence punishable under Sections 18 and 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 five years, and, to pay a fine of Rs. 10,000/- under Section 18 of the Act, and further sentenced him to undergo rigorous imprisonment, for a period of five years, and to pay a fine of Rs. 10,000/- under Section 20 of the Act, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years. The substantive sentences were, however, ordered to be run concurrently.

(2.) THE facts, in brief, are that on 14.11.2002, Krishan Kumar, ASI, alongwith other police officials, was present at Bus Stand Bibipur, in connection with patrolling and crime detection duty. In the meantime, the accused was seen coming, from the side of Jind city, with a plastic bag of white colour, in his right hand. On seeing the police party, he turned back, and started walking swiftly. He was apprehended, by the ASI, on suspicion. On interrogation, he disclosed his name as Jaili S/o Surjan, resident of village Bibipur. The search of the plastic bag, being carried by the accused, was conducted, in accordance with law, in the presence of Deputy Superintendent of Police, who was called to the spot by sending a V.T. message. The plastic bag was found containing 200 grams opium and 750 grams charas. Two samples of 20 grams each, were taken from the recovered opium and two samples of 50 grams each, were taken from the recovered charas. Separate parcels of the samples, and the remaining contraband were prepared, which were duly sealed with the seal bearing impression 'KK' and 'SR', and taken into possession vide separate memo. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Ram Kumar, SI (PW-1), Raj Kumar, ASI (PW-2), Om Parkash, MHC (PW-3), Ashok Kumar, Constable (PW-4), S.R. Nehra, Deputy Superintendent of Police, H.Q., Jind, (PW-5), Naresh Kumar, HC (PW-6), and Krishan Kumar, ASI (PW-7). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.