STATE OF HARYANA Vs. RAGHURAJ

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Additional Sessions Judge, Karnal, on 4.7.1986, by which the respondent has been acquitted of the charge under section' 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) BRIEFLY stated, the facts of the case are that on 25.12.1985, a police party consisting of ASI Zile Singh, ASI Hukam Chand and Constables Ram Phal and Balraj, was present on the Red Light Chowk, Panipat. The police party reached near the cremation ground after patrolling the area. From the side of the Railway Station, the respondent was seen coming. He was carrying a plastic bag in his right hand. He tried to evade the police. He was apprehended on suspicion. The bag, which was being carried by the respondent, was searched and it was found to contain 1250 grams of opium. The opium had been kept in that bag after having been wrapped in a wax paper over which a shirt had been wrapped. Since the respondent was not having any permit or licence for the possession of the opium 50 grams of opium was taken out a sample which was realed and the remaining quantity was sealed in a parcel Exhibit P-3 The seal, after use, was given to AST Hukam Chand. The sealed sample, bag Exhibit P-1, 1, shirt Exhibit P-2 and sealed parcel Exhibit P3 were taken into possession, vide recovery memo Exhibit PC. A ruqa, Exhibit PA, as sent to the police station. City Panipat on the basis of which, formal FIR Exhibit PA/1 was recorded. Report Exhibit PE opining that the sample contained opium was received.

(3.) THE learned counsel for the appellant State argued that the prosecution has proved its case beyond doubt and the learned trial Judge has erred in law in acquitting the respondent.