STATE OF HARYANA Vs. MAI RAM

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of the learned Single Judge of the Punjab and Haryana High Court, directing acquittal of the respondent (hereinafter referred to as the Rs. accused). The respondent was found guilty of offence punishable under Section 17 of the Narcotic Drugs Psychotropic Substance Act, 1985 (in short Rs. NDPS Act) by learned Additional Sessions Judge III, Hissar. He found the accused guilty of the offence punishable under Section 17 of the Act and was sentenced to undergo imprisonment for 10 years

(2.) Background facts giving rise to the trial are as follows: On 3.1.1988, Ishwar Singh, Sub Inspector along with ASI Ram Kishan and 3 Constables was present at platform No. 3 near Railway bridge. At about 8.30 p.m. one train came from the side of Sadalpur, Chandgi Ram PW was also with the police party at that time. Accused Mai Ram alighted from that train and started walking towards the engine. He was carrying one bag (Ex.P1) in his right hand. On suspicion, he was stopped. First of all, the Sub Inspector served him with a notice Ex. PA and told him that he (S.I.) suspected that he (accused) was carrying some contraband article like opium and Ganja etc. and if he (accused) wanted he could be searched before the Magistrate or the Gazetted Officer. But the accused gave in writing that he (S.I.) could search him himself and the accused also made an endorsement Ex.PA/1 to this effect. Then the Sub Inspector gave his search to the accused and there after searched bag (Ex.P1) carried by the accused which contained 1-1/2 kgs. of opium, without any licence or permit. The S.I. took 25 grams of opium as a sample out of the recovered opium and put the remaining opium in tin box (Ex.P.2). He then sealed the sample and tin-box (Ex.P2) with the seal of IS and the seal after use was given to Chandi Ram PW. The articles were taken into possession vide memo Ex.P.3 attested by the PWs. Thereafter, the personal search of the accused was effected and a ticket Ex.P3 and a cash amount of Rs. 45/- were also recovered from his possession which were taken into possession vide the recovery memo Ex.PC attested by the PWs and thumb marked by the accused. The accused was arrested after telling him the grounds of arrest. Ruea Ex.PD was sent to the Police Station on the basis of which formal F.I.R/ Ex. PD/1 was recorded. Rough site plan Ex.PE with correct marginal notes was prepared. Statement of witnesses was recorded. After returning to the Police Station, the case property was deposited with the MMC with the seals intact. The S.I. also telephonically informed the Dy. S.P. regarding seizure of opium. After the investigation, the accused was challaned by the Sub Inspector Ishwar Singh.

(3.) Learned Trial Judge found that the prosecution established its case and accordingly convicted and imposed sentence as aforesaid.