SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) SATISH Kumar son of Giani Ram, resident of Umra (District Hisar), the appellant herein, stands convicted by the learned Additional Sessions Judge, Hisar vide impugned judgment dated 24/26.8.1998 under Section 17 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") and has been sentenced to undergo RI for ten years and to pay a fine of Rs. 1 lac, in default of payment of fine to further undergo RI for two years. Aggrieved by the impugned judgment of conviction and sentence, the appellant has preferred the present appeal.

(2.) IN short, the case of the prosecution is that on 16.5.1997 while Jagat Singh, (PW2) SI/SHO along with other police officials was present at Surewala Chowk, he received a secret information that a young person is carrying opium and was waiting for a vehicle to go to village Litani and he was present at the turn from Barwala to Tohana. Considering the information to be true, a raiding party was prepared. The police party went to the spot where the appellant was found having a bag on his right shoulder. On seeing the police party, the appellant walked fast towards village Litani but he was apprehended. The prosecution case further is that on having doubt that the appellant is carrying some contraband, the investigating officer asked him whether he wanted to be searched in the presence of Gazetted Officer or Magistrate, the appellant showed his faith in the Investigating Officer. Thereafter, the search was conducted and opium was recovered from the appellant. 10 gms. of opium was separated as sample and the remaining 1 kg 490 gms opium was sealed with seal of JS and was taken into possession vide recovery memo Ex. P8. The appellant was arrested on the spot. Certain other formalities were also done at the spot.

(3.) THE prosecution in support of its case had examined as many as four witnesses. The affidavits were also tendered into evidence. The stand taken by the appellant as emerges in his statement recorded under Section 313 Cr.P.C. is of false implication.