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The present appeal has been preferred against the judgment of conviction dated 27.07.2004, passed by the learned Judge, Special Court, Sonepat, vide which accused-appellant Ram Karan has been held guilty and convicted for the offence punishable under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on quantum of sentence dated 30.07.20104, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of 20,000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

2- As per the prosecution case, on 18.01.2003 PW6 Assistant Sub Inspector Balraj Singh, the Investigating Officer of the case, along with other police officials was present at Kalupur Octroi Post. At about 05:00 P.M., one car bearing registration No. HR-26K-8888, being driven by the accused-appellant, was seen coming from the side of village Bhaiyanpur. The Investigating Officer intercepted the car and asked the accused-appellant to disembark from the car and show the documents of the car. The accused-appellant took out one polythene bag from his jacket and tried to throw the same. He was apprehended in that process. The polythene bag was checked and it was found containing charas. On weighment, it was found to be 250 grams. 10 grams of charas was taken out as sample. The sample and the residue were converted into two separate parcels and sealed with seal bearing impression 'BS'. The seal after use was handed over to HC Hari Chand. Both the sealed parcels were taken into possession vide recovery memo Ex.PC. Balbir Singh SHO, Police Station - City Sonepat was telephonically informed and he also came at the spot. The Investigating Officer produced the accused, witnesses and case property before him. He verified the same and affixed his seal bearing impression 'RK'. The car and its documents were also taken into possession vide recovery memo Ex.PF. Ruqqa Ex.PD was sent to the police station, on the basis of which formal FIR Ex.PD/2 was recorded. The case property was deposited with the Moharir Head Constable. In due course, the sample parcel was sent to Forensic Science Laboratory, Madhuban for examination. On receipt of the report Ex.PG of the FSL and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-in-after referred to as 'Cr.P.C.') was presented in the Court. 3- The accused-appellant was charge-sheeted for the offence punishable under Section 20(b) of the Act vide order dated 29.04.2003 by the learned trial Court, to which the accused-appellant pleaded not guilty and claimed trial.

23- Thus, from the testimonies of PW3 HC Hari Chand and PW6 Balraj Singh, it is established that 250 grams charas has been recovered from the possession of the appellant. Their testimonies are further corroborated from the testimonies of PW5 Inspector Balbir Singh, the then SHO, Police Station - City Sonepat, who had also arrived at the spot. There is also no material to establish that the police officials had any ill will or motive for the false implication of the appellant. The recovery in this case has been effected when the accused-appellant was trying to throw away the packet containing the contraband, which also shows that he was in conscious possession of the contraband. Thus, I have no reason to differ with the finding of the learned trial Court that it is proved beyond shadow of reasonable doubt that accused-appellant was found in conscious possession of 250 grams charas. 

                     26-             The accused-appellant is on bail.          His bail stand

                     cancelled. He    will surrender within 15 days from the date of this

judgment before the learned Chief Judicial Magistrate, Sonepat who shall send him to jail to undergo the remaining part of his sentence. If, he fails to surrender, the learned Chief Judicial Magistrate, Sonepat shall take coercive steps to secure his presence and send him to jail to undergo the remaining part of the sentence.