HATTE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present appeal is to the order dated 10.06.2005/14.06.2005 passed by learned Sessions Judge, Fatehabad, whereby the appellant has been convicted and sentenced in a case FIR No.533 dated 17.09.2001, registered under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') at Police Station Sadar Fatehabad.

(2.) Brief facts of the case are that on 17.09.2001 a police party headed by Vijay Kumar Inspector was present at bus stand Dhangar. Constables Lal Singh and Gidhian Singh met him there. While Inspector was talking with them, a truck came from the side of Hisar and stopped.

(3.) The accused alighted from the truck and on seeing the police personnel went towards a corner and sat down pretending to urinate. The appellant did not get up for sufficient long time which created suspicion in the mind of the Inspector Vijay Kumar. The appellant was apprehended and he was having a bag in his right hand. Inspector Vijay Kumar suspected some contraband in the bag and expressed his suspicion and informed the appellant that he has a right to be searched in the presence of a Gazetted officer or a Magistrate. Statement of appellant-accused Ex.P- 18 was recorded to that effect. Inspector Vijay Kumar sent a message to the police station to arrange the presence of a Gazetted officer.