DIWAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and the sentence imposed on the accused appellant by the learned Additional Sessions Judge (II) Jind in Sessions Case No. 49 of 1988 (Sessions Trial No. 51 of 1989) dated 23.1.1989.

(2.) ACCORDING to the case of the prosecution, on 7.7.1988, the police party was present at the Bus Stand of village Uchana on patrolling duty. At that time, the Sub Inspector Bhim Singh S.H.O. of Police Station, Uchana received the secret information that one person named Diwan Chand son of Harbhagwan, resident of Jind was standing in the crowd of passengers with a suit case containing charas in his hand. On receipt of the said information, the Sub Inspector of Police apprehended the accused and the accused was asked whether he wanted to be searched before a Gazetted Officer or a Lambardar, but the accused desired to be searched there and then by the S.I./S.H.O. himself. Then S.I./S.H.O. searched the accused who was holding a brief case and from the same four packets of charas wrapped in a newspaper were recovered. The total quantity of charas was found to be 14 Kgs. 342 Gms. Out of the same 200 gms were taken as sample and the same was sealed and the remaining charas was kept in the suit case which was sealed by the Sub Inspector. The Sub Inspector sent a ruqa to the Police Station on the basis of which formal F.I.R. was registered. After completion of the investigation, a charge-sheet was filed against the accused-appellant.

(3.) IN order to prove the guilt of the accused, the prosecution examined five witnesses and marked documents. After closure of the prosecution evidence, the accused was examined under Section 313 Cr.P.C. and he stated that he was falsely implicated in the case.