The court applied the amended provisions of the NDPS Act to reduce the sentence based on the non-commercial quantity of the substance and the appellant's circumstances.

1. Mr. Akashdeep Singh, Advocate has put in appearance on behalf of the appellant and has filed his vakalatnama which is taken on record. Custody certificate of the appellant has been filed in Court today. The same is taken on record.

2. The present appeal has been preferred against the judgment dated 10.1.2002 passed by Sh. R.K. Kashyap, the then learned Additional Sessions Judge, Rohtak, vide which the appellant has been held guilty and convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the "NDPS Act").

3. As per the prosecution allegations, on 23.2.1998, PW-5 SI Randhir Singh along with other police employees were present at Bus Stand Madina, Distt. Rohtak in connection with general patrol duty. He received a secret information that the appellant indulges in illegal trade of charas/smack and is selling the charas at his house and if a raid is conducted, he can be caught red handed. The Investigating Officer formed a raiding party and reached at the house of the accused where he was found present. He served the notice under Section 50 of the NDPS Act upon the accused seeking his option as to whether he would like to be searched by him or by some Gazetted Officer/Magistrate. Accused exercised his option vide memo (Ex. PD/1) for his search in the presence of some Gazetted Officer. The Investigating Officer informed PW-6 Nafe Singh, DSP, Meham, who arrived at the spot. The facts were disclosed to him. The search of the accused was conducted in his presence in accordance with law. The accused was found in possession of charas in a bag. On weighing, the said charas came to 1 Kg. Out of that, 100 gm charas was separated as sample. Separate sealed parcels of the sample and remaining charas were prepared and sealed with the seal bearing impression 'KS'. Seal after use was handed over to ASI Ki-tab Singh. DSP Nafe Singh also affixed his seal bearing impression 'NS' on both the parcels. The said parcels were taken into possession vide memo Ex. PE. The Investigating Officer sent ruqa Ex. PF to the Police Station on the basis of which formal FIR (Ex. PF/1) was registered. The Investigating Officer prepared the rough site plan Ex. PG. The case property was deposited with MHC Sube Singh, Police Station, Meham, on the same day. The sample parcels were sent to Forensic Science Laboratory, Madhuban for examination. On completion of the investigation, report under Section 173 Cr.P.C. was submitted in the Court.

4. Accused appellant was charge-sheeted for the offence punishable under Section 20 of the NDPS Act to which he pleaded not guilty and claimed trial.

5. In order to substantiate its case, the prosecution examined as many as six witnesses.

6. When examined under Section 313 Cr.P.C., accused pleaded that SI Randhir Singh, Investigating Officer of the case, forcibly occupied a plot belonging to the Punjab Wakf Board at Meham. He asked him to fill the earth in the said plot but he declined. On 23.2.1998, he was on the way back to Meham after dropping sugarcanes in the Sugar Mill Rohtak. SI Randhir Singh met him. He took him, his father and brother in the police station along with tractor and falsely planted the recovery. The appellant also examined Jai Singh and Jaidev Singh as D.W.-1 and D.W.-2 respectively in his defence evidence.

7. On appreciating the evidence on record and the contentions raised by the learned counsel for the parties, the learned trial Court held guilty and convicted the accused/appellant for the offence punishable under Section 20 of the NDPS Act for having been found in possession of 1 Kg of charas. He was sentenced to undergo rigorous imprisonment for a period of 10 years and was also ordered to pay a fine of Rs. 1,00,000/-. In default of payment of fine, he was ordered to further undergo rigorous imprisonment for a period of one year.

8. Aggrieved with the aforesaid judgment of conviction and order of sentence, the present