DALIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Dalip Singh son of Sheetal resident of Ganni, P.S. Baijnath, District Uttaranchal stands convicted by the learned Special Judge, Sonepat vide judgment dated 16.10.2002 under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as the Act) and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac (one lac) and in default of payment of fine to further undergo rigorous imprisonment for four months.

(2.) In short, the case of the prosecution is that on 28.1.2001, Satbir Singh, SI/SHO along with other police officials was present at G.T. Road, Engineering College, T. Point in connection with Patrolling then he received a secret information that the present appellant was selling opium at his dhaba and in case a raid is conducted, he can be apprehended along with opium. Consequently, a raiding party was prepared and on reaching the spot, the present appellant was apprehended. The case of the prosecution further is that 200 grams opium was recovered. A sample of 10 grams of opium was taken from the recovered contraband. All the other necessary legal formalities were done at the spot and formal FIR under section 18 of the Act was registered against the present appellant on the basis of ruqa sent by Satbir Singh SI/SHO.

(3.) The appellant was charged under Sec. 18 of the Act and on a consideration of entire evidence, he stands convicted and sentenced as indicated above. Aggrieved with the impugned judgment, the appellant has preferred the present appeal.