PARMOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal brought by Parmod Kumar, the appellant challenging the judgment dated 13.8.2002 passed by learned Additional Sessions Judge, Hisar vide which, he has been held guilty and convicted for an offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") as also the order on sentence dated 14.8.2002 vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- with further rigorous imprisonment for a period of six months in default of payment of fine. The case registered against the appellant for the aforesaid offence by way of FIR No.70 dated 30.6.2001 at Police Station GRP Hisar, is as under:

(2.) On 30.6.2001, Ram Kishan, SI, Incharge, GRP Jakhal along with Bishan Singh, HC and other police officials was present at platform No. 4, Railway Station, Hisar. He was checking the trains as well as platforms. During the course of the same, he found Parmod Kumar sitting on an iron bench on the platform. Seeing the police party, he stood up and started moving briskly towards the godown. He was having a bag but he threw the same and tried to escape. Suspicion of Ram Kishan, SI having aroused by the conduct of Parmod Kumar, he apprehended him and brought him at the place where he had thrown the bag. Option under section 50 of the Act was given to him asking him as to whether he wanted his search to be conducted before a gazetted officer or magistrate. He was told that a gazetted officer of magistrate could be called to the spot for his search as per his choice. The accused, however, replied that he had confidence in Ram Kishan, SI. His statement in this regard was recorded. Thereafter the contents of the bag were checked and it was found containing opium wrapped in two polythene bags on which 'Tulsi Sarees' was printed. Those polythene bags had been further wrapped in a black blanket. The opium was weighed and it was found to weigh 950 grams. Out of the recovered contraband, two samples, each weighing 50 gms were taken out. The samples were put in small tin boxes. The remaining opium was put in a plastic container alongwith the polythene bags. The containers of the samples and the remaining opium were given the shape of parcels and were sealed with the seal 'BS'. After retaining sample impression of the seal used, the seal was handed over to Bishan Singh, HC. The sample .. parcels and the remaining opium alongwith the blanket and bag were taken into possession by way of a recovery memo. A ruqa was sent to the police station for registration of the case, on which Dinesh Kumar, SI recorded the formal FIR (Ex. PC/1). Thereafter, the case property along with the accused and the witnesses were produced before Dinesh Kumar, SI, SHO, Police Station GRP, Hisar who verified the facts and affixed his seal 'DK' on the sample parcels and the parcel of the remainder. On directions of Dinesh Kumar, SHO, Ram Kishan, the investigating officer deposited the case property with the MHC. Dinesh Kumar, SI had prepared a report as provided under section 57 of the Act and had sent the same to the DSP, Rajbir Singh. The samples were sent to FSL, Madhuban and on receipt of report of chemical examiner to the effect that the samples were of opium and on completion of investigation, challan was presented.

(3.) Accused was charged for the offence punishable under section 18 of the Act on 19.11.2001. He pleaded not guilty to the charge and claimed trial.