RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of conviction dated 13.04.2005 convicting the appellant for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') as well as the order of sentence dated 13.04.2005 vide which the appellant was sentenced to undergo rigorous imprisonment for a period of 05 years and to pay a fine of Rs.50,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 03 months.

(2.) Brief facts of the case are that on 21.03.2001, FIR No.172 under Section 15 of the NDPS Act was registered against the appellant at Police Station City Panipat with the allegations that ASI Virender Singh along with his co-officials were on patrolling duty on the GT road, when a person was seeing coming towards them carrying a suitcase in his right hand and on seeing the police party, he became perplexed by taking a U-turn and started walking fast and on suspicion, he was apprehended. Since, the Investigating Officer was suspecting some narcotic in the bag, a notice under Section 50 of the NDPS Act was served on accused giving an offer to be searched before the Gazetted Officer or the Magistrate. On this, the accused opted to be searched before the Magistrate and thereafter, the DRO, Panipat was informed who reached at the spot and gave an order to conduct the search of the suitcase in which 10 Kgs poppy powder was recovered, out of which 250 gms. was separated and sealed as a sample parcel and the remaining contraband was also sealed and taken in possession vide recovery memo. Thereafter, a ruqa was sent to the Police Station and the FIR was registered. On return to the Police Station, the entire case property was deposited with the Moharir Head Constable and thereafter, in due course, the sample was sent to Forensic Science Laboratory, Madhuban and on receiving the report, the challan under Section 173 of the Code of Criminal Procedure (in short 'Cr.P.C.') was submitted.

(3.) The prosecution examined PW1 ASI Ramesh Kumar, who deposed on the line of investigation carried out as stated in the FIR, PW2 Badan Singh Rana, Inspector/SHO Police Station City Panipat, PW3 Head Constable Brij Pal, PW4 K.K. Amrohi D.R.O. and PW5 ASI Ranbir Singh. The FSL report was tendered in the evidence of the prosecution.