Bhoop Singh vs State of Haryana

Sabina, J.—Appellant was convicted for an offence u/s 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act-for short) vide judgment dated 21.4.2005 passed by the Additional Sessions Judge, Jhajjar. Vide order of the even date, the appellant was sentenced to undergo rigorous imprisonment for a period of nine months with a fine of Rs. 2,000/-. Hence, the present appeal.

Prosecution case, as noticed by the Additional Sessions Judge, in para Nos. 2 to 5 of its judgment, is reproduced herein below:

In short that case of the prosecution is that on 24.4.2002 at about 10.30 p.m., a police party consisting of inspector Mahinder Singh (PW-7), ASI Hanif Mohammad (PW-6), HC Surender Singh EHC Sukhbir Singh and C.Dilbag Singh was present in front of school situated in village Dhaur, District Jhajjar in connection with patrolling and crime checking duty. In the meantime the accused was spotted on coming on foot from the side of the said village. Upon seeing the police party, he tried to go back speedily thereby making him a suspect in the eyes of the police. He was chased and nabbed.

The investigating officer told the accused that the police party suspected him of carrying some narcotic substance. His search was to be conducted. He had a right to get his search effected in the presence of a Magistrate or a Gazetted Officer. A written notice (Ex.PD) u/s 50 of the Act was served upon him. Vide reply (Ex.PD/1), the accused had expressed a desire to get his search effected in the presence of a Gazetted Officer.

Accordingly, a V.T. Message was sent to Mr. Narender Singh, DSP (PW3), who reached there in a government vehicle. The police kept on waiting for some time to join a public witness but since no such witness was available, therefore, the DSP had asked Inspector Mahinder Singh (PW-7) to conduct search of the accused. Upon search Charas wrapped in a polythene sheet was recovered from the right side pocket of the trouser worn by the accused. It weighed 750 gms. Ten gms of charas was taken out as a sample for chemical analysis. The sample and the residue were converted into separate sealed parcels using the seals of ''MS'' & ''NS'' and the same were taken into possession vide recovery memo (Ex.PE). A rough site plan (Ex.PG) of the place of recovery was prepared.

A ruqa (Ex.PB) was sent to the police station on the basis of which formal FIR (Ex.PB/1) was registered against the accused. The case property was deposited with the MHC and the accused was put in lock-up. He was subsequently released on bail. The sample was sent to the FSL and according to its report (Ex.PG), the contents were found to be those of charas (cannabis). A few statements u/s 161 Cr.P.C. were recorded and after completion of ususal investigations, challan was filed and a copy thereof was supplied to be accused. He was charge sheeted for committing an offence punishable u/s 20 of the Act, to which he pleaded not guilty and claimed trial.

Learned Counsel for the appellant has submitted that the appellant is facing criminal proceedings since the year 2002 and is the only bread earner of the family. Learned Counsel has not challenged the conviction of the appellant u/s 20 of the NDPS Act but has submitted that sentence qua imprisonment of the appellant be reduced to already undergone by the appellant. Fine has already been deposited by the appellant.

As per the custody certificate placed on record by the learned State counsel, the appellant has undergone three months and seven days of actual sentence as on 9.4.2010 and is not involved in any other criminal case.

Keeping in view the above facts, it would be just and expedient to reduce the sentence qua imprisonment of the appellant to already undergone by him

Accordingly, conviction of the appellant u/s 20 of the NDPS Act is maintained. However, the sentence qua imprisonment of the appellant is reduced to already undergone by him.

The appeal stands disposed of accordingly.