BASIR MOHAMMAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 19.11.1996 passed by the Court of Additional Sessions Judge, Rohtak, who convicted the appellant Shri Basir Mohammad under Section 20 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. I lac and in default of payment of fine he was further directed to undergo rigorous imprisonment for a period of five years for allegedly found in possession of Charas weighing 2 Kgs. and 200 grams without any licence or permit on 9.12.1994.

(2.) THE story of the prosecution is that on 9.12.1994 PW -5 Inspector Dhian Singh was conducting investigation of case F.I.R. No.9 of 1993 under Section 20 of the N.D.P.S. Act against one Sheokat Ali. Said Shri Sheokat Ali during the course of interrogation disclosed that Basir Mohammad appellant would come from Delhi side to Shiela By -Pass, Rohtak in order to sell Charas at about 4.00 P.M. Resultantly, the Investigating Officer made an entry about this information and formed a raiding party and reached Shiela By -Pass. In the meanwhile, a bus came from the side of Delhi and it stopped at Shiela By -Pass. Appellant Basir Mohammad got down from the bus and started moving towards Delhi side. At that time he was carrying a Jhola on his shoulder, The Investigating Officer apprehended him on the basis of suspicion and in the presence of other members of the policy party. The appellant was interrogated. A notice under Section 50 of the Act was given to the appellant and he was enquired of his option whether he wanted his search in the presence of a gazetted officer or a Magistrate. The appellate stated that he wanted the search in the presence of a gazetted officer. As a result of that a message was flashed out to D.S.P. Anil Kumar Dhawan PW -2, who reached at the spot. Thereafter the search of the Jhola was taken and Charas weighing 2 Kgs. 200 grams was found. The Investigating Officer separated 50 grams of Charas by way of sample and made a sealed parcel thereof. The remaining Charas was separately sealed and the entire case property was taken into possession vide recovery memo Ex.PA. The appellant could not produce any licence or permit for the possession of the Charas. Resultantly ruqa Ex.PB was sent to Police Station Civil Lines Rohtak for the registration of the case on the basis of which formal F.I.R. Ex.PB/1 was recorded vide D.D.R. No.33 recorded at 5.30 P.M. The Investigating Officer also prepared rough site plan Ex.PE of the place of recovery and on return to police station he handed over the case property to the M.H.C. The sample of the Charges was sent to the Director, Forensic Science Laboratory, Madhuban, who vide report Ex.PF declared the contents as Charas. On completion of the investigation of the case, the appellant was challaned in the Court of Illaqa Magistrate, who supplied the copies of the documents to him and vide commitment order dated 4.7.1995 committed the appellant to the Court of Session.

(3.) VIDE orders dated 24.7.1995 a charge was framed against the appellant under Section 20 of the N.D.P.S. Act. It was read over and explained to me to which he pleaded not guilty and claimed trial.