SWARAN SINGH @ CHHANNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been preferred against the conviction and sentence of the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act). The appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) THE case of the prosecution is that on 20.3.1998 at 3.00 P.M., ASI Ram Kishan along with HC Bishan Singh and some other police officials was present on the railway station City Dabwali for patrol duty, when train No. 2 BSL came from the side of Sangaria at platform No. 1 and the accused alighted from the 2nd class compartment of the train with a bag on his right shoulder. On seeing the police party, the accused tried to board the train again and on suspicion, he was apprehended. ASI Ram Kishan told him that he could opt for being searched before a Gazetted Officer or a Magistrate. Notice under Section 50 of the Act was served on him and in reply thereto, he made a statement that he wanted to be searched by the Assistant Sub Inspector himself. Accordingly, ASI Ram Kishan took the search of his bag and recovered opium wrapped in a polythene paper of green colour. On weighment, the contraband came out to be 700 grams and two samples of 50 grams each were taken out, for chemical analysis. Both the sample parcels and the residue were sealed with seal 'BS' and were taken into possession and seal after use was handed over to HC Bishan Singh. Rukka Ex.PG was sent to the police station, on the basis of the which the FIR Ex.PG/1 was recorded. Site plan Ex.PH was prepared. On return to the police station, the accused, the witnesses and the case property were produced before SHO Krishan Chander, who verified the investigation and affixed his own seal 'KS' on the case property. The accused was arrested and the case property was deposited with the MHC.

(3.) IN his statement under Section 313 Cr.P.C., the accused denied the case of the prosecution and stated that he along with Ravel Singh and gone to Sirsa to give the message of death of his sister. HC Bishan Singh had quarrelled with them in a drunken condition and thereafter, he was taken to the police station and he was falsely involved in this case. In defence, he examined DW-1 Ravel Singh.