K.S.GAREWAL , J. - (1.) Mithlesh Singh was detained by the police on January 30, 2002 on a link road connecting Dhanaula road to Handiaya road. Mithlesh Singh was walking from the side of Handiaya road, with a white plastic bag on his left shoulder. The bag was found to contain 3.70 kgs charas.
(2.) MITHLESH Singh was tried by the learned Special Judge, Barnala, who found him guilty under section 20 of the Narcotic Drugs and WHO Psychotropic Substances Act, 1985 (hereinafter referred to as the Apt) for possessing 3.70 kgs. of charas and on June 9, 2005 convicted and sentenced to rigorous imprisonment for 12 years and to pay fine of Rs. 1 lac. In default of payment of fine, he was to further undergo rigorous imprisonment for one year. The case of the prosecution was that on January 30, 2002 Inspector Surinderpal Singh (PW-2) alongwith other members of the police party were travelling in canter PB-13B-2190 on the above-mentioned link road. About 100 yards short of a godown they met Surinder Kumar of Barnala. The Inspector stopped and started talking to Surinder Kumar. He saw a person coming from the side of Handiaya, carrying a plastic bag. Suspicion arose and the person with the bag was detained. This was at about 2.30 p.m. On being asked, the suspect disclosed that he was Mithlesh Singh of Majhwalia, P.S. Mehmadpur, District Gopal Ganj, Bihar. The suspect was told that he had the right to be searched by a Gazetted Officer and the suspect agreed. The Investigator sent a message to DSP Kamaldeep Singh (PW-5), who reached at 3.30 p.m. The DSP disclosed his identity to the suspect and the plastic bag was searched. The bag contained 3.70 kgs of charas. A sample was separated, whereafter the bag and the sample were taken taken into possession vide recovery memos. Report was sent to the Police Station, Kotwali, Barnala at 5.15 p.m. and FIR 28 was registered against Mithlesh Singh.
(3.) THE sample was sent for chemical analysis to Forensic Science Laboratory, Chandigarh. The Deputy Director (Toxicology) reported that sample contained tetrahydrocenabinole systalethic wall and the percentage of resin was 24.08%. The sample was declared as "charas".;