UMED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 8.10.1987, pased by the Addl. Sessions Judge, Hisar, who dismissed the appeal of the petitioners, under section 61 of the Punjab Excise Act, as applicable to the State of Haryana.

(2.) THE brief facts of the case are that on 12.3.1984, ASI Wazir Singh accompanied by Constables Ishwar Singh, Satbir Singh and Om Parkash was returning from Ukalana for going to Narnaud, after investigating a case under Section 302/201, IPC. As the police party was present at Bus Stand, Bhaklana, a motor cycle No. CHH 1882 was spotted coming from the side of Khauda Kheri. This motor cycle was being driven by accused Umed Singh while accused Hawa Singh was sitting on the pillion. The motor cycle was signalled to stop. It was cheked and from its tool box, charas wrapped in a piece of cloth was recovered. On weighment, it was found to be 1 kg. Accused could not produce any licence or permit for the possession of charas. 20 Grams of charas was taken out as a sample and sealed. The remaining charas was separaely sealed in a tin, Ex. P-1. The seal after use was given to Constable Satbir Singh. Both the sealed paracels were taken into possession vide recovery memo Ex. PA. Motor cycle was also taken into possession vide recovery memo Ex. PC, along with its registration copy. Ruqa, Ex. PB, was sent to the police station for the registration of a case, on the basis of which formal FIR, Ex. PB/1, was recorded. The case property was deposited in the Malkhana and the sealed sample was sent to the office of the Chemical Examiner. After the receipt of the report, Ex. PX, the challan was presented against the accused under section 61(1)(a) of the Punjab Excise Act, as applicable to the Sate of Haryana.

(3.) IN order to prove the charges, the prosecution examined ASI Wazir Singh and Constable Satbir Singh. The prosecution also tendered into evidence the report of the chemical examiner and the affidavits of the formal witnesses.