SHAMSHER SINGH PAPU Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been directed by Shamsher Singh alias Papu against judgment dated 30/1/2003 and order dated 31/1/2003 passed by Additional Sessions Judge, Hisar, whereby he was found guilty and convicted under Section 18 of the Narcotic Drugs and Pshychotropic Substances Act. 1985 (hereinafter to be referred as the Act) and sentenced vide order dated 31/1/2003 to RI for 10 years and fine of Re. 1 lac: in default of. payment of fine, he was further sentenced to RI for two years and six months.

(2.) Briefly stated the facts are that on 30/5/2000. P. W. 10 ASI Ram Niwas alongwith P. W. 3 HC Jaswant Singh and other police officials was on patrol and crime checking duty near Dashmesh Hotel. Boarwala Road in the area of Hansi in gypsy. The appellant was going towards the hotel at a fast speed and was having a plastic bag in his right hand. On suspicion. he was apprehended. In the meantime. P. W. 9 Virender Singh. owner of Dashmesh Hotel also reached there. P. W. 10-ASI Ram Niwas served a notice Ex. PC upon the appellant and stated that he was suspected of possessing opium or some other contraband in his bag and whether he wanted to get himself searched in the presence of a yazetted Officer. The appellant submitted his reply Ex. PC 11 that he would allow the search of the bag in the presence of a gazetted officer. Accordingly, Hans Raj. Naib Tehsildar PW 4 was called to the sppt and in his presence plastic bag was checked which was found to contain opium weighing 2. 5 kgs. 100 grams was separated as sample. The sample and the remainder in the bag were separately sealed with the seal of RN and were taken into possession, vide seizure memo. Ex. P0 attested by the witnesses. Ruqa Ex. PF was sent to the police station through Constable Krishan Kumar for registration of the case on the basis of which formal FIR Ex. PF/1 was recorded by PW 5, Mahender Singh. ASI. He prepared rough site plan of the place of recovery Ex. PK and recorded the statements of the witnesses. Report Ex. PG was also submitted to Raj Kumar, DSP Hansi. who reached the spot and verified the facts. The case property was deposited with the MHC with seals intact. Upon receipt of the report of the Chemical Examiner and after completion of investigation. challan was put up in the Court.

(3.) Having made out a prima facie case charge under Section 18 of the Act was framed against the accused to which he pleaded not guilty and claimed trial.