GURDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GURDEEP Singh appellant has filed the present appeal to challenge the conviction and sentence recorded against him on 4.7.1989 by the Additional Sessions Judge, Sirsa.

(2.) THE case against the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") was registered when he was apprehended on 29.2.1988 in the area of village Balasar with 500 grams of opium without a permit or a licence. After apprising the appellant that he has a right to get himself searched before a Gazetted Officer or a Magistrate, he evinced his willingness to have the same conducted by the Sub-Inspector. The requisite samples were taken and the recovered opium as well as the samples were sealed and taken into possession through recovery memo Ex. PA. The seal after use was handed over to Balkar Singh PW. On completion of the investigation, during which the report of the Chemical Examiner Ex. PE was obtained, a challan was put in Court. When the appellant pleaded not guilty to the charge framed against him by the trial Court, the prosecution was called upon to examine the witnesses in support of its case. It produced ASI Jai Dayal PW1, SI Hoshiar Singh PW2 and tendered in evidence the affidavits of HC Dale Singh and Constable Rajinder Singh and the report of the Chemical Examiner Ex. PE. Thereafter the statement of the accused was recorded and he was afforded an opportunity to examine witnesses in his defence. After arguments, the learned Additional Sessions Judge, Sirsa convicted the appellant under Section 18 of the Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000.00. In default of payment of fine he was ordered to undergo further rigorous imprisonment for two years.

(3.) A perusal of the amendment makes it clear that the Legislature has incorporated therein the provisions to deal with possession of opium in small quantity, in commercial quantity and in any other case, which would cover eventualities where the quantity recovered falls above small and below commercial quantity. According to the Schedule 25 grams of opium and below are indicated as small quantity while the commercial quantity is fixed at 2.5 Kgs. Thus the quantity recovered from the appellant would fall within clause (c) of Section 18 of the Act, which deals with punishment imposable in any other case. It is in view of this that the sentence imposable on the appellant will have to be fixed between six months and ten years and fine between Rs. 10,000.00 and Rs. 1,00,000.00 as provided in cases of small quantities by sub-clause (a).