MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is appeal against judgment dated 28.10.2003 passed by Special Judge, Rohtak whereby appellant-Mohan was convicted and sentenced as follows:- <FRM>JUDGEMENT_117_LAWS(P&H)10_2018_1.html</FRM>

(2.) Case of prosecution, in brief, is that on 21.09.2003, ASI Har Narain with his police party was present in connection with patrolling and checking of anti-social elements near Railway Crossing, village Pehrawar, when a secret information was received that appellant-Mohan used to sell 'Charas'. At that time he was present in front of his house and selling 'Charas'. A report under Section 42 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') was prepared and sent to Police Station through Constable Samunder for recording of DDR and SHO Police Station was requested to come to the spot. The police party headed towards house of appellant. On the way Surender Singh son of Sumer Singh was joined in the police party as independent witness. The appellant was found present in front of his house and on witnessing the police party he tried to run away but was apprehended. In compliance of provisions of Section 50 NDPS Act, he was apprised of his right to get his search conducted before a Magistrate or a gazetted officer. The appellant opted for his search before a gazetted officer at which Mohammad Ishak Khan, Deputy Superintendent of Police was called to the spot, who on reaching the spot inquired from the appellant as to whether he is willing to get his search conducted before him. On search 'Charas' wrapped in a glaze paper was recovered from the side pocket of shirt of appellant which on weighment came to be 400 gms. Sample of 50 gms. of 'Charas' and remaining 'Charas' were put in separate plastic containers and sealed with seal of ASI Har Narain and DSP Mohammad Ishak Khan. The seal after use was handed over to ASI Ram Kumar while DSP Mohammad Ishak Khan retained his seal with him. On receipt of report of FSL and completion of investigation challan against the appellant was present in Court.

(3.) In support of its case, prosecution has examined DSP Mohammad Ishak Khan as PW-1, SI Vijender Singh as PW-2, ASI Daya Nand as PW-3, Constable Jitender Singh as PW-4, HC Jai Dev Singh as PW-5, Constable Baljit Singh as PW-6, ASI Ram Kumar as PW-7 and ASI Har Narain as PW-8.