STATE OF HARYANA Vs. RAJ KUMAR

JUDGEMENT

(1.) STATE of Haryana has filed the present appeal against the judgment dated 6.10.1993 passed by the Additional Sessions Judge, Hisar acquitting respondent herein in a trial under Section 19 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act').

(2.) AFTER completion of some formalities, the accused was taken to Police Station Bhattu Kalan where he was produced along with witnesses and case property before SI/SHO Sukhdev Singh who affixed his seal bearing impression 'SS' in both the parcels. The sample was sent to Forensic Science Laboratory and the report was found to be positive of opium. Consequently, the accused were challaned and the charge under Section 18 of the Act was framed against the accused. The prosecution has examined four witnesses and produced two affidavits. Darshan Singh the sole independent witness was given up having been won over by the accused. Accused denied the allegations of prosecution in his statement under Section 313 of the Code of Criminal Procedure and stated that he had gone to purchase a buffalo from the fair of village Agroha and a false case has been implanted upon him.

(3.) IN this appeal, we have heard Sh. D.P. Singh, Additional Advocate General, Haryana and Sh. Ajay Lamba, Advocate, for the respondent and with their assistance gone through the record carefully.