HANUMAN Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Hanuman-appellant against judgment dated 10.9.2003 and order dated 14.9.1993 passed by learned Additional Sessions Judge, Karnal whereby he was found guilty and convicted under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short hereinafter to be referred as "the Act") for keeping in his conscious possession 2 kgs. of opium without permit and sentenced him, vide order dated 14.9.1993 to RI for 10 years and fine of Rs. 1 lac, in default of payment, he was further sentenced to RI for 3 years.

(2.) BRIEFLY stated, the facts are that PW.5-Labh Singh, ASI on 16.4.1990 was posted in Police Post Bus Stand Karnal. He alongwith ASI Ram Niwas and other police officials was present at the bus stand. PW.2-Lal Chand, Sub Inspector, Haryana Roadways, Raj Kumar, guard and Ved Parkash employees of Haryana Roadways were also present there. They were checking the buses at the bus stand. In the meantime, a bus bound for Chandigarh stopped at the bus stand. The appellant was carrying a bag in his hand and got down from the bus. He was apprehended on receipt of secret information.

(3.) PW .5-Labh Singh ASI sent a ruqa Ex.PC to the police station for registration of a case, on the basis of which formal FIR Ex.PC/1 was registered by Madan Lal, ASI, whose signatures he identified. He prepared rough site plan Ex.PD with correct marginal notes. He recorded the statements of witnesses under Section 161 Cr.P.C. Thereafter, SHO/Inspector Amir Singh arrived at the spot who verified the facts of the case and put his seal 'AS' on both the packets of the case property. The appellant was arrested and sent to the police station alongwith the case property. The case property was deposited with the MHC who received the same intact.