STATE OF HARYANA Vs. KUNDAN LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.4.1995, rendered by the Court of Addl. Sessions Judge, Panipat, vide which it acquitted the accused (now respondent), for the offence, punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only).

(2.) THE facts, in brief, are that, on 1.11.1994, Mohinder Singh, ASI, of CIA Staff, alongwith other police of officials, was present near Bus Stand, Panipat, when the accused was seen coming out of the same (Bus Stand), carrying a bag, on his shoulder, who on seeing the police party, tried to slip away, but was apprehended on suspicion. On feeling smell of charas, Mohinder Singh, ASI, suspected that some narcotic substance, in the bag, being carried by the accused, was lying. A legal notice, in terms of Section 50 of the Act, was served upon the accused, as to whether, he wanted the search of the bag, to be conducted, in the presence of a Gazetted Officer or a Magistrate. The accused opted that he wanted the search of the bag to be conducted in the presence of a Gazetted Officer. D.K. Bhardwaj, DSP, was sent a message, who came to the spot. He also served a notice, in terms of Section 50 of the Act, upon the accused. He directed Mohinder Singh, ASI, to search the bag, being carried by the accused. On such directions, Mohinder Singh, ASI, conducted the search of the bag, being carried by the accused, as a result whereof, 2 Kgs. 50 grams charas was recovered therefrom. The accused could not produce any permit or licence, for keeping the same in possession. A sample of 50 grams was taken out of the same, and the remaining charas, was put into an empty plastic container. The sample, and the plastic 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, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Kehar Singh, HC (PW-1), Azad Singh, SI (PW 2) Om Parkash, SI (PW3), Surinder Kumar (PW-4), Dhan Raj, HC (PW-5), Mohinder Singh, ASI (PW-6), the Investigating Officer, and D.K. Bhardwaj, DSP (PW-7). The Public Prosecutor for the State, tendered into evidence, Ex.PX, affidavit of Siri Krishan, Constable, Ex.PY, affidavit of Ishwar Singh, MHC, and Ex.PZ, report of the Forensic Science Laboratory. Thereafter, he closed the prosecution evidence.