PRITAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 1452 SB of 2004 filed by Pritam Singh accused and Criminal Appeal No. 2052 SB of 2004 moved by Kulwant Singh having arisen out of the judgment/order of sentence dated 8.4.2004 passed by the court of learned Additional Sessions Judge, Panipat (Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985) vide which she convicted and sentenced both the accused to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac each under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity the Act) and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for 2 = years.

(2.) Shortly put, facts of the prosecution case are that on 22.8.1999 Rajinder Singh Inspector-SHO of Police Station City, Panipat amongst other police officials happened to be present near the outer gate of bus stand, Panipat in connection with the investigation of a criminal case. Constables Shyam Lal and Sewa Singh were also associated. Meanwhile, the accused Pritam Singh and Kulwant Singh carrying a gunny bag were spotted approaching from inside the bus stand. On catching sight of the police party, they got perturbed and by turning back started walking in a haste manner, which aroused suspicion in the mind of the Inspector who intercepted them with the aid of his companions. One edge of the gunny bag was held by Kulwant Singh and the other one was in the hand of Pritam Singh. Suspecting the contents of the gunny bag to be some contraband, the accused were offered to be searched before a Gazetted Officer or a Magistrate. They opted to have search of the gunny bag in the presence of a Gazetted Officer. On receipt of a telephonic message, Partap Singh D.S.P. alongwith his staff and official photographer came at the spot. On search of the gunny bag, opium was recovered. When weighed, it came to 4.400 kgs out of which, 100 grams was separated to serve as a sample and converted into a parcel. The residue was also turned into a parcel. The case property alongwith the sample parcel was sealed with seal RS and seized vide recovery memo. The seal after use was handed over to ASI Dharamvir Singh. The ruqa was sent to the Police Station, where on its basis formal F.I.R. was registered. The accused were arrested. After completion of investigation, the charge-sheet was laid in the court for trial of the accused.

(3.) The accused Pritam Singh and Kulwant Singh were charged under Section 18 of the Act to which they did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined PW-1 Head Constable Rajinder Singh, PW-2 Constable Rajinder Singh, PW-3 Dy.S.P. Partap Singh, PW-4 Inspector Rajinder Singh Investigator, PW-5 Head Constable Giani Ram and closed its evidence by tendering Ex.P-16 the report of the Forensic Science Laboratory.