MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Mahender Singh against judgment and order dated 22.10.1990 passed by the Additional Sessions Judge, Bhiwani, whereby he was found guilty and convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') for keeping in his possession 13 Kgs. and 700 Gms. of opium without any permit and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. one lac; in default of payment of fine he was further sentenced to undergo R.I. for 2 years.

(2.) BRIEFLY stated the facts are that on 25.10.1988 PW5 SI Chattar Singh, then S.H.O. of Police Station Siwani along with three Head Constables namely PW4 Nihal Singh, Suraj Bhan and Bhajan Lal and two Constables was present at Kachha passage connecting village Jhuppa of Haryana with village Gotha of Rajasthan near the Rajasthan border. PW2 Nath Pal, Sales Tax Inspector along with two constables and a Peon was also present there. In the meantime, Fiat car bearing registration No. HYF-9497 was seen coming from the side of Rajasthan. Upon suspicion, the car was stopped. It was being driven by appellant Mahender Singh and his co-accused Roop Chand (now proclaimed offender) was sitting on the front seat. In between both of them there was lying a bag.

(3.) AFTER completion of the investigation at the spot, the appellant along with co-accused and the case property was taken to Police Station Siwani. On 26.10.1988 Shri Suraj Pal Singh, DSP Loharu verified the investigation and other facts. Upon receipt of the report of Chemical Examiner Ex. PK challan was put up in the Court of Illaqa Magistrate who in turn committed the case to the Court of Sessions.