NAHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Nahar Singh against judgment and order dated 31.7.1990 passed by Additional Sessions Judge, Bhiwani, whereby he found the appellant guilty and convicted under Section 18 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the Act") and sentenced him to RI for 10 years and a fine of Rs. 1 lac and in default of payment of fine, he was further sentenced to undergo RI for 2 years.

(2.) Briefly stated, the facts are that on 13.4.1989, PW-4 Ram Kishore, Inspector of Police, posted as Incharge of CIA Staff, Bhiwani, alongwith PW3 Jhuthar Singh ASI of C.I.A. Staff and other police officials was going in a jeep from Loharu towards village Bhavthari via Kachcha passage. When the police party reached near Idgaah, it noticed the appellant coming from the opposite side. He, on seeing the police party, took a turn towards the fields but was apprehended on suspicion. He was carrying one Jhola hanging on his shoulder. He was enquired by the Inspector that he was having some contra-band goods in the Jhola and whether he would like to be searched in the presence of a Gazetted Officer but the appellant expressed confidence in the police itself and thereafter the Inspector searched the Jhola, which, on search, was found to contain opium. 100 grams of opium was taken out as a sample and the remaining, on weighment, was found to be 6.900 Kgs. The sample and the remaining opium, Ex.P1, were separately sealed after making them into parcels and were taken into possession vide memo Ex.PD attested by the witnesses.

(3.) PW-4 Ram Kishore, Inspector, sent ruqa, Ex.PF, to the police station for registration of the case, on the basis of which formal FIR, Ex.PF/1 was recorded. He prepared rough site plan, Ex.PG, of the place of recovery. On search of the person of the appellant, Rs. 30/- were recovered from his possession besides a wrist watch. The same were taken into possession vide memo Ex.PE.