KURDA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) KURDA Ram accused has filed the instant criminal appeal to challenge his conviction and sentence ordered by learned Additional Sessions Judge, Fatehabad vide judgment dated 6.6.2003 and order dated 7.6.2003 thereby convicting the accused -appellant under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) and sentencing him to undergo rigorous imprisonment for three years and to pay fine of Rs 5000/ -and in default thereof, to undergo further rigorous imprisonment for six months.

(2.) ACCORDING to the prosecution version, police party headed by Inspector/SHO Omvir Singh apprehended the accused on 30.7.1997. He was informed of his right to be searched in the presence of Magistrate or Gazetted Officer. The accused did not desire to be searched in the presence of Gazetted Officer or Magistrate. Accordingly, Omvir Singh Inspector searched the accused and recovered 300 grams opium in a polythene from the dub of his tehmad. Out of it, 10 grams opium was separated as sample. Separate parcels of the sample and the remaining opium were prepared, sealed and seized by the police. FIR was got registered by sending ruqa to the Police Station. Statements of the witnesses were recorded. Rough site plan of the place of occurrence was prepared. Accused was arrested. The sample on analysis by the Chemical Examiner was found to be of opium. On completion of investigation, police presented report under section 173 of the Code of Criminal Procedure (in short, Cr.P.C.) for prosecution of the accused under section 18 of the Act.

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