HAWA SINGH Vs. STATE OF U.T.

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dated 01.10.2004 passed by the learned Judge, Special Court, Chandigarh, vide which the appellant has been convicted under Section 18 of the Narcotics Drugs and Psychotrophic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.10,000/-, in default whereto to further undergo rigorous imprisonment for six months.

(2.) Briefly, the case as put-forth by the prosecution is to the effect that on 07.02.2001, the police party headed by SI Hari Kumar was present near the market of Sector-15, Chandigarh. Raj Kumar Aggarwal also met the police party and soon thereafter, a secret information was received to the effect that the appellant has arrived in Sector-15, Chandigarh for the purpose of selling the opium and is likely to go towards Sector-15 as well as Punjab University, Chandigarh from the local bus stop of Lajpat Rai Bhawan, Chandigarh. Relying upon the secret information, the police party reached near the petrol pump of Sector-15, Chandigarh. Soon thereafter, the appellant appeared from the side of local bus stop and was apprehended on the basis of the suspicion. The appellant was carrying a brown coloured printed bag. An intimation was sent to HGS Dhaliwal, ASP (Central), Chandigarh. The appellant was apprised of his right to get the search conducted in the presence of a gazetted police officer or a Magistrate and the appellant opted to get the search conducted in the presence of a gazetted police officer. HGS Dhaliwal, ASP (Central), Chandigarh, on his arrival, gave his introduction to the appellant who gave his consent to get the search conducted in his presence. The search of the appellant was conducted which led to recovery of one kg. opium kept in a polethene bag. 50 grams opium was separated as a sample. The bulk as well as sample parcels were sealed with the seal impression 'HK' and taken into possession vide a separate recovery memo. The seal after use was handed over to Raj Kumar Aggarwal. Thereafter. SI Sukhwinder Singh, second investigating officer, was called for further investigation. The parcels were produced before him who recorded the statements of the witnesses. The entire case property alongwith the appellant and the witnesses were produced before Inspector Satbir Singh, Station House Officer who verified the facts of the case and put the seal impression as 'SS' on both the parcels.

(3.) On presentation of challan, prima-facie a case under Section 18 of the Act was made out against the appellant. Charge was accordingly framed to which the appellant pleaded not guilty and claimed trial.