MANPHOOL Vs. STATE OF HARYANA

JUDGEMENT

(1.) MANPHOOL , 32, appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1986, by the Additional Sessions Judge, Sirsa, by order dated 5th September, 1988. He was sentenced to rigorous imprisonment for ten years and a fine of Rs. 1,00,000/-. In default, he was further sentenced to rigorous imprisonment for two years, by order dated 6th October, 1988.

(2.) THE prosecution case is that on 26-11-1987, a police party comprising of Sub Inspector Amrik Singh PW-4 Head Constable Rajinder Singh PW-3 and Constable Pirthi Singh etc. were on patrol. They were near a Dera called Baba Bhuman Shah in the area of Village Mangala. The accused came from the side of village Titukhera carrying a small bundle in his right hand. He betrayed signs of nervousness on seeing the police party and quickly turned back. On suspicion he was apprehended and on search he was found carrying 900 grams of what was suspected to be opium. 50 grams of the substance was taken out by way of sample and the remaining substance were scaled into parcel under the seal of Sub Inspector Amrik Singh. The recovery memo Exhibit PB was prepared. Ruqa Exhibit PA was sent to the Police Station on the basis of which Head Constable Jagdish Rai PW-1 catered formal First Information Report Exhibit PA/1. Rough site plan of the place of recovery was prepared. On an examination of the sample, the Chemical Examiner by report Exhibit PD declared the sample to be opium. In the absence of necessary licence, the accused was challaned, under Section 18 of the aforesaid Act.

(3.) THE plea of the accused was one of denial and false implication on account of party faction in the village. He produced no evidence in defence.