SHANKAR LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.6.1988 passed by the Additional Sessions Judge, Sirsa, convicting the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for a period of two years.

(2.) Put shortly, on 20.4.1986 at about 4 A.M. Sub Inspector Charanjit Singh, who was posted as Station House Officer of Police Station, Baragudha, along with Assistant Sub Inspector Brahma Nand and other police officials, held a 'Nakabandi' at Sahdeva Distributory on Sirsa-Dabwali G.T. Road, in the area of Village Sahuwala. At that time, they noticed accused coming from the side of Village Paniwala Mota. Finding himself suddenly confronted with the police, he hastened his steps backward. He was secured by Sub Inspector Charanjit Singh. On equiry, he disclosed his name as Shankar Lal son of Bhoora Ram resident of Khasoli, Police Station Churu, District Churu (Rajasthan). On suspicion, he was searched, which led to the recovery of a 'Guthli' (piece of cloth) wrapped around his waist. It was found to contain opium wrapped in a waxed paper. The opium was weighed and it was found to be four kilograms. 100 grams opium was separated as sample and put in a Dabi tin and the residue opium was put in a Peepi tin which were sealed with the seal of Sub Inspector Charanjit Singh bearing impression 'CS'. Seal after use was handed over to Assistant Sub Inspector Brahma Nand. Ruqa (Exhibit RE) was dispatched to the Police Station and on its basis formal First Information Report (Exhibit P.E/1) was recorded by Moharrir Head Constable Partap Singh. The Investigating Officer prepared rough site plan (Exhibit P.D.) of the place of recovery. On return to the Police Station, the Investigating Officer deposited the case property with the Moharrit Head Constable. On receipt of report of the Chemical Examiner (Exhibit P.F) indicating the contents of the sample to be opium, the accused was sent for trial, which led to his conviction and sentence, as stated above.

(3.) To support the charge, prosecution examined Sub Inspector Bhagwan Dass (P.W.1), Inspector Charanjit Singh (P.W.2) and Assistant Sub Inspector Brahma Nand (P.W.3). Prosecution also tendered in evidence affidavits of Constable Jagdish Rai and Moharrir Head Constable Partap Singh, Exhibits P.A. and P.B, respectively, besides the report of the Chemical Examiner (Exhibit P.F.). The testimony of Sub Inspector Bhagwan Dass (P.W.1) is of formal nature as he being Station House Officer of Police Station Baragudha on 24.9.1986, had submitted the report under Section 173 of the Code of Criminal Procedure. In his affidavit Exhibit P.A, Constable Jagdish Rai had stated that on 23.4.1986, he was entrusted with the sample containing 100 grams of opium bearing the seal impression 'CS' by Moharrir Head Constable of the Police Station, for delivering the same in the Forensic Science Laboratory, Madhuban which he had delivered on 24.4.1988 after getting prepared docket for the same from the office of Excise and Taxation Officer, Sirsa, and receipt regarding deposit of the same was handed over by him to the Moharrir Head Constable on return to the Police Station. Moharrir Head Constable Partap Singh in his affidavit Exhibit P.B has supported the contents of the affidavit of Constable Jagdish Rai. Recovery of four kilograms of opium made from the possession of the accused when he was intercepted on 20.4.1986 in the area of Village Sahuwala stands testified by Inspector Charanjit Singh (P.W.2) and Assistant Sub Inspector Brahma Nand (P.W.3).