K.C.PURI, J. - (1.) ACCUSED -appellant Subhash has directed the present appeal against the judgment dated 09.09.2003 and order dated 11.09.2003 passed by Shri K.R.Goyal, the then learned Judge, Special Court, Rewari, vide which accused -appellant stood convicted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short - 'the NDPS Act') and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of two months.
(2.) BRIEF facts of the prosecution case are that on 18.2.2003 at about 10.00a.m., ASI Jawahar Singh and other police officials were present near Syndicate Bank, Dharuhera where Net Ram, independent witness met them and they were talking with each other. A secret information was received that two persons having Ganja in their bags were coming from the side of Housing Board, Dharuhera and if raid is conducted, they could be apprehended with the ganja. Therefore, the police party formed a raiding party and joined Net Ram and proceeded towards Housing Board where two persons were seen coming from opposite side. Accused Subhash, one of them was having a bag in his hand. He was stopped by the police party and asked about the contents of the bag upon which he could not give satisfactory reply. ASI Jawahar Singh asked the accused for checking of the bag and notice was given to him asking whether hewanted to submit himself for each before Magistrate, Gazetted Officer or before him upon which the accused offered himself for search before DSP. Accordingly DSP was called at the spot and in his presence search of the bag was conducted upon which Ganja measuring 8.700kgs was found. Two samples of 100 grams each were taken and the sample and the remaining Ganja were sealed and taken into possession. ASI then sent ruqqa upon which formal FIR was recorded. Charge under Section 17 of the NDPS Act was framed against the accused to which the accused pleaded not guilty and claimed trial.
(3.) IN order to prove its case, prosecution has examined DSP Paramjeet Singh PW -1, Inspector Prem Singh SHO PW -2, HC Laxman Singh PW -3, SHO Rajender Singh PW -4, C.Bir Singh PW -5, Constable Manoj Kumar PW -6, Net Ram PW -7 and ASI Jawahar Singh PW -8 and closed the evidence.;