TIRATH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed against the judgment of conviction passed by the learned Special Judge, Kaithal under the NDPS Act, 1985, sentencing the appellant for a period of 14 months with fine of Rs.20,000/- under Section 22 (b) of the NDPS Act, 1985.

(2.) Facts of the case as noticed by the learned Special Judge are extracted as under:-

(3.) Written information 'Ex.P7' was sent to the Police Station through Exemptee Assistant Sub-Inspector Vikram Singh for registration of First Information Report for the commission of an offence punishable under section 21 of the Act. Further investigation in the case was conducted by Assistant Sub-Inspector Subhash Chand (PW10), who reached the place of recovery and prepared site plan 'Ex.P13' and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure, 1973. Accused was arrested. After completion of the investigation on the place of recovery, Investigating Officer when reached in front of Police Station Siwan, the S.H.O. was found present on Siwan Barricade, Siwan. The S.H.O. was apprised of the facts of the case and accused, witnesses, case file, case property and report 'Ex.P1' under section 57 of the Act, were produced before the S.H.O., who verified the facts of the case from the accused and witnesses and found those in line with the version mentioned in the F.I.R. The S.H.O. affixed his one seal each of monogram of 'RS' on the parcel of the smack and sample seal impression sheet. Parcel of the smack, sample seal impression sheet and seizure memo were also attested by the S.H.O. The S.H.O. Prepared report 'Ex.P2' under section 55 of the Act. As per the directions of the S.H.O., case property was deposited in the 'Malkhana' (a store in the Police Station for housing the case property) of the Police Station and accused was put in the lock-up of the Police Station.