CHANDER SAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment dated 23.1.1999 and order dated 25.1.1999 passed by Addl. Sessions Judge, Faridabad, who convicted the appellant under Sections 18, 20 and 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs. 1 lac on each count. In default of payment of fine, the appellant was directed to further undergo R.I. for two years on each count. However, the trial court held that all the sentences shall run concurrently.

(2.) THE brief facts of the case are that on 3.6.1998, PW 4 ASI/SHO Rajbir alongwith other police officials was present on Ram Dharam Kanta in connection with general patrolling when he received asecret information that Chander Sain son of Bulbul, caste Sunar, resident of 1-D/120, NIT, Faridabad is in the habit of selling opium, smack and charas. The secret information was also that the accused had earlier been apprehended in a number of cases of opium and in case raid is conducted at his house, he can be apprehended while selling opium, smack and charas. On this, ruqa Ex.PB was sent to the police station for the registration of case, on the basis of which formal FIR Ex.PB/1 was recorded. The house of the accused was raided and he was found sitting on a cot in front of his house. On his personal search, he was found in possession of charas, opium and smack. He was also found in possession of a small weighing scale. On weighment, the weight of charas was found 70 grams, of smack 2 grams and opium 700 grams. A sample of 5 grams was separated from the opium. A sample of 10 grams was separated from the charas and a sample of 1 gram was separated from the smack. The samples and the remaining case property were sealed separately with the seal bearing inscription 'RS' which after use was handed over to HC Ramesh Kumar. The ASP also affixed his seals on the samples and the case property. The samples and the case property along with weighing scales were taken into police possession vide recovery memo Ex.PA. Rough site plan Ex.PE of the place of recovery was also prepared. The samples were sent to the office of Chemical Examiner, who vide report Ex.PC declared the contents of the samples as charas, opium and smack. On completion of the investigation of the case, accused was challaned in the Court of Sessions, which supplied the copies of documents to the accused as per law.

(3.) IN order to prove the charges, the prosecution examined HC Rakesh Kumar PW-1, who was a witness of recovery. MHC Ram Kishan appeared as PW-2 and deposed that on receipt of ruqa Ex.PB he recorded formal FIR Ex.PB/1. PW 3 is ASP Sandeep Khirwar. He was an IPS Officer and was posted at Faridabad at the relevant time. He also supported the recovery of charas, opium and smack from the possession of the appellant and also stated that under his direction and supervision the person of the appellant was searched. The Investigating Officer, ASI Rajbir Singh appeared as PW 4 and he supported the case of the prosecution. Finally, the report of the Chemical Examiner was tendered into evidence as Ex.PC.