STATE OF HARYANA Vs. SURESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the Criminal Appeal filed by the respondent, who was found guilty of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- with default stipulations.

(2.) The High Court directed acquittal on the ground that there was non-compliance with the mandatory requirements of Section 50 of the Act.

(3.) Background facts in a nutshell are as follows : The case of the prosecution is that on 01.04.1987, the patrolling party consisting of the Sub-Inspector and two Assistant Sub-Inspectors and four Constables were present at Rohtak. At about 5.10 a.m. a bus of Haryana Roadways came from Delhi and the same was stopped by patrolling party. The accused-respondent, Suresh was also one of the passengers travelling in the bus with an attache-case. The Sub-Inspector of Police searched the attache-case by taking the same from the hands of the accused. When the attache-case was searched, a false bottom made of ply-wood was broken and below it there was a plastic bag containing opium and the same was recovered by the police. Out of it 10 grams of opium was separated as sample and parcels of the same and the remaining bulk were prepared and were sealed with seal bearing inscription RK and a ruqa was sent to the police station for registration of the case and on the basis of the same, investigation was taken up and after completion of the investigation a charge-sheet was filed.