RAJ ROOP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The sole accused, Raj Roop Singh, was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). He was sentenced to undergo six months' rigorous imprisonment and to pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo rigorous imprisonment for two months. He has challenged the judgment of conviction and sentence recorded by the trial Court.

(2.) The brief case of the prosecution is that PW-4 ASI Hawa Singh accompanied by PW-5 HC Kishan Singh and other police officials apprehended the accused near Water Works Sahuwala on 20.2.1999. Suspecting that he possessed contraband, he was given an option to go in for search either before a Magistrate or a gazetted officer. He gave consent, Exhibit PE/1 to make a search by PW-4 himself. PW-4 made search in the presence of PW-5 and other officials and recovered from his possession 310 grams of opium. 10 grams of opium was separately drawn from the bulk quantity as sample. The sample as well as bulk quantity were separately parcelled and sealed with the seal of PW-4. The seal after use was handed over by PW-4 to PW-5. The case property as well as the accused were produced by PW-4 before PW-3 SI Vijay Kakkar who was the Station House Officer of Police Station Baragudha. After PW-3 put his seal on the case property, he handed over the case property to PW-4 who in turn deposited the same with PW-1 MHC Rajbir Singh. The sample was sent to the Forensic Science Laboratory, Madhuban. The report of the Chemical Examiner would disclose that the sample was nothing but opium.

(3.) Trial Court having relied upon the evidence on record, in the background of Chemical Examiner's report, recorded a judgment of conviction against the accused-appellant.