NASHIB SINGH @ NASIBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) NASHIB Singh @ Nasiba son of Bhana has preferred the present appeal. He was convicted by the Court of Additional Sessions Judge, Jind under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act') and was sentenced to undergo rigorous imprisonment for 7 years and 6 months and to pay a fine of Rs. 10,000/-. In default of payment of fine, he was to further undergo rigorous imprisonment for two years.

(2.) SI Virender Singh had sent ruqa Ex.PD to the police station on the basis of which formal FIR Ex.PD/1 bearing FIR No. 197 dated 4.10.2001 was registered at Police Station Sadar, Narwana under Sections 20/61/85 of the Act. In ruqa Ex.PD, it was stated by SI Virender Singh that he along with his companion officials was present at Tohana turning Narwana in a Government jeep for patrolling and prevention of crime, when a secret information was received that one Nasiba son of Bhana Ram resident of Sulhera has boarded in a bus from Narwana bound for Tohana. The secret information so received further revealed that Nasiba is habitual of selling Sulpha (Charas) and in case he is arrested, heavy recovery can be effected. The police party headed by SI Virender Singh reached near Bus Stand Dharodi where they saw a person holding a bag in his right hand. The person so suspected, on seeing the police started walking briskly and stood behind the wall of school. On interrogation, he disclosed his name as Nashib Singh @ Nasiba. He was holding a bag containing a contraband. Therefore, a notice under Section 50 of the Act was served upon him calling upon him to get himself searched before a Magistrate or a Gazetted Officer. The accused exercised his option and gave consent to be searched before a Gazetted Officer. Sukhdev Singh, DSP, Narwana was requisitioned to come present at the spot. Thereafter, necessary procedure regarding search, seizure and recovery was completed and 750 grams of Sulpha (Charas) was recovered from the appellant. Matter was investigated. Report under Section 173 Cr.P.C. was submitted.

(3.) BEFORE evidence of witnesses is taken note of, it will be pertinent to note that vide report Ex.PJ, Forensic Science Laboratory, Madhuban examined the sample and held the same to be Charas (Cannabis).