SHISH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) These are two appeals by the two appellants- Shish Ram and Duli Chand. They were alleged to be in possession of 30 kgs. of opium. They have been found guilty of the offence punishable under S.18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and have been sentenced to undergo imprisonment for a period of 12 years and to pay a fine of Rs. 1 lac each. Aggrieved by the order passed by the Additional Sessions Judge, Bhiwani, they have separately filed these two appeals.

(2.) The prosecution story was initially disclosed by Dharam Singh, SHO, Police Station, Loharu in the message sent by him on July 29, 1990. In a nut shell, he had reported that a police party which included him, ASI Anoop Singh, 3 Head Constables, 6 Constables and a Driver were going on a police patrol. When they were in the area of village Sehar, they saw two persons coming on a motorcycle on a kacha path. On seeing the police party, the two persons hesitated. They were frightened. On account of suspicion, they were asked to stop. Out of the two, "a young person having swarthy complexion, stout body, height about 5' x 7', aged about 27/28 years was holding a Thela (bag) tanidar with strings lying in the middle of seat of the motorcycle. . . . . . . . . . ." He "slipped away towards the kacha passage leading to village Sehra". He was chased but he managed to escape. The other person disclosed his name as Duli Chand (one of the appellants). He gave his address. He was served with a notice indicating that he was suspected to be in possession of opium, ganja or charas. The police party proposed to search him. He was asked whether he wanted to be searched before a Gazetted Officer or a Magistrate. Duli Chand had voluntarily stated that he was willing to be searched by the SHO.On search, opium weighting 30 kgs. was recovered. A sample of 100 gms. was separated. After sealing the material, separate memos were prepared and the opium was taken into possession. The specimen of the seal was retained. While the opium was being weighed, even Duli Chand managed to escape.

(3.) On the basis of this report, the First Information Report, Ex. PF/1 was recorded on the same day viz. July 29, 1990. The matter was investigated. On July 31, 1990, both the appellants were arrested. They were prosecuted. After examination of the evidence, the trial Court found that the charge as levelled by the prosecution has been duly proved. Thus, the judgment under appeal was passed.