- (1.) Appellant had faced trial in FIR No.335 dated 24.12.2002 under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'Act'), registered at Police Station Sampla.
(2.) Prosecution story, in brief is that on 24.12.2002 Sub-Inspector (in short 'SI') Mahabir Singh along with other police officials were present at Paksma Turn, situated on Rohtak- Kharkhoda Road in connection with patrolling. At that time, Ram Parshad was also present along with police party. In the meantime, a person came from the side of Paksma. The said person was carrying a bag on his left shoulder. On seeing the police party, the said person tried to slip away. However, he was apprehended by the police officials and on inquiry, the said person disclosed his name as Narinder. Appellant was informed of his right that he could get his bag searched in the presence of a Magistrate or a Gazetted Officer. Appellant gave the option that his search be effected in the presence of a Gazetted Officer. In this regard, a memo was prepared. Deputy Superintendent of Police (in short 'DSP') Tikka Ram was called to the spot. When the bag of the appellant was searched, 1 1/2 kilogram of charas was recovered. From the recovered contraband, 100 grams was separated in a tin box as a sample. The said sample was made into a sealed parcel and was sealed with the seal bearing impressions MS and TR. Specimen seal was prepared. Seal after use was handed over by SI Mahavir Singh to independent witness Ram Parshad, whereas, the DSP retained his seal with him. The remaining contraband was also made into a sealed parcel. The sample parcel as well as the parcel containing the remaining contraband were taken in possession. After completion of investigation and necessary formalities, challan was presented against the appellant.
(3.) In order to prove its case prosecution examined nine witnesses during trial. Appellant when examined under Section 313 of the Code of Criminal Procedure, after the close of prosecution evidence pleaded that he was innocent and had been falsely involved in this case. Appellant further pleaded that he had been taken from his house on 22.12.2002 and had been confined in Police Station Sampla at the instance of Ram Kishan, Sarpanch of the village who was inimical towards him as he and his family members had cast their vote against him. Trial court vide judgment/order dated 08.10.2003/10.10.2013 ordered the conviction and sentence of the appellant qua commission of offence punishable under Section 20(b) (ii) (c) of the Act. Hence, the present appeal by the appellant.;