- (1.) The present appeal has been filed against the judgment/order of sentence dated 22.1.2001, passed by the Court of the Judge, Special Court, Kaithal, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-; in default of payment of fine, he shall further under go rigorous imprisonment for one year under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').
(2.) The facts necessary for adjudication of the matter as narrated in para Nos. 2 to 4 of the impugned judgment are as under:- On 4.12.1999, Assistant Sub Inspector Phool Kumar of Police Station Rajond alongwith Head Constable Sube Singh and other police officials was present at bus stand Kichhana Kui (Well) in connection with patrol duty and detection of crime. A secret in formation was received against the accused that he was standing in front of the school and was possessing Charas. The police party left for the disclosed place. On the way, one public witness Gaze Singh son of Molu Ram, resident of Kichhana was joined. They found the accused present at the disclosed place, who was apprehended. Since some narcotic substance was suspected in his possession, he was asked, per memo. Ex. PB, for his search either before a Gazetted Officer or a Magistrate or before him. The accused consented to be searched before a Gazetted Officer per same memo. He came to know that Deputy Superintendent of Police Amir Singh was present in the police station Rajond. 3. The accused, the witnesses and the case property were taken to the police station Rajond and produced before Amir Singh, Deputy Superintendent of Police, Kaithal, who was present in the courtyard of police station. He verified the facts and under his direction the accused was searched. One Kothali (piece of cloth) was tied around the waist of the accused which was found containing Charas. Out of the bulk 100 gram was separated as a sample and the residue on weighment was found to be 1 Kg. 400 grams. The sample and the residue were made into separate sealed parcels by using the seal of 'PK' of the Assistant Sub Inspector Phool Kumar and 'AS' of Deputy Superintendent of Police Amir Singh. The sample seal impressions were also prepared. The sealed parcels were taken into possession vide memo. Ex. PC. Ruqa Ex. PE was sent to the police station, where formal first information report Ex. PE/1 was recorded. 4. During investigation the police party alongwith the accused and the case property returned to the spot where the accused apprehended, site plan Ex. PF was prepared with correct marginal notes, statements of the witnesses were recorded. The accused was arrested per memo. Ex. PD. On return to the police station, the accused, case property, sealed parcels and the witnesses were produced before Sub Inspector Sumer Chand, Station I louse Office of Police Station Rajond, who after verification resealed the parcels with his own seal 'SC'. Under his direction the case property was deposited in the Malkhana and the accused was sent to the lock up. A report under Section 57 of the Act was prepared and sent to the higher authority. The sample was sent to the Forensic Science Laboratory, Madhuban for analysis. After necessary investigations were over, the case was sent up for trial of the accused.
(3.) The accused was charged under Section 20 of the Act, to which he did not plead guilty and claimed trial.;