- (1.) This appeal is directed against the judgment of conviction dated 15.12.1995 and the order of sentence dated 16.12.1995, rendered by the Court of Additional Sessions Judge, Faridabad, vide which it convicted the accused/appellant, for the offence punishable under Section 20 (b)(ii) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment, for a period of ten years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo further rigorous imprisonment for a period of three years, for having been found in possession of 1 KG 500 Grams charas, falling within the purview of commercial quantity, without any permit or licence.
(2.) The facts, in brief, are that on 18.11.1994, Ramesh Pal, Inspector, SHO (PW6) along with other police officials, was present in a Government Jeep, near Ford Factory, Faridabad, in connection with patrol and crime checking duty. In the meanwhile, Jaimal Singh ( PW2) met the police party. When Ramesh Pal, ASI was talking to him, a secret information was received that one person was coming from the side of Budoli with charas in a bag ( thela ) towards bye-pass. Thereafter, the police party reached near the gas agency along with Jaimal Singh. The accused was seen coming from the side of Budoli Bridge, who, on seeing the police party, turned towards the bushes, but was apprehended. Search of the bag was conducted, in accordance with the provisions of law, in the presence of Rajbir Singh, DSP (HQ), who was called to the spot by sending a VT message as a result whereof 1 KG 500 grams charas was recovered therefrom. A sample of 100 grams was drawn, from the recovered charas. The sample and the remainder were made into separate parcels, sealed with the seals bearing impressions "RP" and "RBS" and taken into possession, vide recovery memo Ex.PA. Ruqa Ex. PF was sent to the police station, on the basis of which, FIR was recorded. Rough site plan Ex.PG was prepared. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the challan was presented.
(3.) On his appearance, in the Court of the Committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of Sessions, charge under Section 20(b)(ii) of the Act, was framed against him, to which he pleaded not guilty and claimed trial.;