RAMESHWAR ALIAS BEHRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.8.2004 passed by Special Judge, Sonepat vide which accused Rameshwar @ Behra was convicted for an offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and vide order dated 3.9.2004, he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and in default thereof, to further undergo imprisonment for one year.

(2.) The accused-convict Rameshwar @ Behra, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story is that on 7.11.2003, SI Yashpal Singh from Police Station Ganaur had received a secret information through a telephonic message that Rameshwar alias Behra son of Dei Chand, resident of village Agwanpur was engaged in drug trafficking and was coming from Ganaur side and he could be apprehended along with the charas; that the said police officer reduced the secret information into writing, thereafter he along with other police officials went towards the disclosed place, laying a picket at village Agwanpur minor; that in the meanwhile accused was spotted coming from Ganaur side carrying a bag on his shoulder; that on seeing the police party, he turned back but he was apprehended on the basis of suspicion; that on being inquired by the Investigating Officer, the accused disclosed his name, parentage and residential address; that SI Yashpal Singh served a notice under Section 50 of the Act upon him informing the accused of his right to be searched before a gazetted officer or a Magistrate; the accused opted to be searched in presence of DSP; then SI Yashpal Singh flashed a V.T. Message to DSP, Ganaur, who came to the spot, SI Yashpal Singh produced the accused before him; that in presence of DSP, Ganaur, the bag being carried by the accused was searched by SI Yashpal Singh, which led to recovery of cardboard box on which New India Sweets was written in English language; that on being opened it was found to contain charas; the recovered charas was weighed and it came out to 1 kg; then SI Yashpal Singh drew two sample of 10 gms. each of the recovered charas; the samples and the remainder were converted into sealed parcels and sealed with seal of SI Yashpal Singh having inscription 'YP'; that Om Parkash, DSP, Ganaur also affixed his seal on the samples having inscription 'OP'; that all the three parcels were taken into possession vide recovery memo attested by the witnesses; that accused was formally arrested; that ruqa was sent to the police station, on the basis of which formal FIR was registered; SI Yashpal Singh prepared rough site plan of the place of recovery; that SI Dayanand had arrived at the spot; SI Yashpal Singh handed over the accused along with three parcels to him; statements of witnesses were recorded; SI Dayanand produced the case property and accused along with witnesses before SHO Prem Singh at Police Station Ganaur, who affixed his seal having inscription 'PS' on the sealed parcels; then the case property was deposited with MHC; the sample parcel was sent to FSL and as per report received therefrom, the sample was found to be that of charas; that challan was prepared and filed in the Court.