GANESH KAPIL DEV Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 11. 02. 2005, rendered by the Judge, Special Court, panipat, vide which he convicted the accused (now appellant), for the offence, punishable under Section 20 of the Narcotic drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'act' only) and sentenced him to undergo RI for a period of 12 years and to pay a fine of Rs. 2 lacs, and in default of payment of the same, to undergo further rigorous imprisonment for a period of two years, for having been found in possession of 3 Kgs charas, without any permit or licence.

(2.) THE facts, in brief, are that on 30. 08. 2001 Narender Singh, Assistant Sub inspector along with other Police officials was present at N. F. L. Chowk, while on patrol duty and checking of crime. In the eanwhile, a person was seen coming from the side of N. F. L. Colony on foot, while carrying a bag on his left shoulder, who on seeing the Police party, at once, retreated and started walking briskly. On suspicion, he was stopped. On enquiry, he disclosed his name as Ganesh son of Kapil Dev, resident of village Haraj. Narender Singh, Assistant sub Inspector, suspected that the accused was carrying some contraband in the bag, aforesaid. Notice under Section 50 of the Act was served upon him, as to whether, he wanted the search of the bag, to be conducted, in the presence of a Gazetted officer or a Magistrate. He opted that the search of the bag be conducted in the presence of a Gazetted Officer or a Magistrate. Thereafter, Vijay Parkash Sharma, District development and Panchayat Officer, was requested to reach the spot, as a result whereof, he reached there. The accused along with the bag was produced before him. Mr. Vijay Parkash Sharma. District development and Panchayat Officer directed the investigating Officer to conduct the search of the bag. On search of the bag, 3 Kgs charas, was recovered, therefrom. A sample of 100 grams, was taken out, and the remaining charas was put into a separate container. The sample and the container, containing the remaining charas, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was recorded. The site plan was prepared. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) ON his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 20 of the Act, was framed against the accused, to which he pleaded not guilty and claimed judicial trial.