SULTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is criminal appeal by convict Sultan Singh who stands convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) vide judgment dated 17.8.2005 and has been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs 2000/ - and in default thereof, to undergo further simple imprisonment for two months vide order dated 18.8.2005 by learned Judge, Special Court, Kaithal.

(2.) PROSECUTION case in brief is that on 7.11.2003, ASI Balbir Singh, Incharge, Police Post, Anaj Mandi, Kaithal along with Head Constable Dharampal and Constables Sadhu Ram and Shamsher Singh was present at Shila Khera turning in City Kaithal. He received information that accused Sultan Singh was selling opium in retail at Kutub Pur Road, Hari Nagar, City Kaithal. The police party left for the said place. On the way, many pubic persons were asked to join the raiding party, but they refused to join expressing their inability to join. The police party reached the aforesaid place where the accused was found present alongwith a polythene bag in his left hand. Mouth of the bag was open and its contents were visible. The accused was apprehended. On seeing the polythene bag, it was found that it contained opium. Two samples opium weighing 20 grams each were taken out and remaining opium was found to be weighing 660 graMs. Separate parcels of the samples and the remaining opium were prepared and sealed and were seized by the police. Ruqa was sent to Police Station, City Kaithal where on its basis, FIR was registered. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. The accused was arrested. On reaching the Police Station, the accused along with case property and witnesses was produced before Inspector/SHO, Karnail Chand who verified the case and affixed his own seal on parcels of the case property including samples. One sample parcel was sent to Forensic Science Laboratory, Madhuban. On analysis, the sample was found to be of opium. Report under Section 57 of the Act was sent to the higher authorities. On completion of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short, Code of Criminal Procedure) for prosecution of accused Sultan Singh under Section 18 of the Act.

(3.) IN support of its case, the prosecution examined six witnesses.