HUKMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of two appeals i.e. Crl. Appeal No. 445-SB of 1992 (Hukmi v. State of Haryana) and Crl. Appeal No. 446-SB of 1992 (Hukmi v. State of Haryana) as both the appeals have arisen out of the judgment dated 6.11.1992 and order dated 7.11.1992 passed by Additional Sessions Judge, Sonepat and common questions of law and facts are involved in the same.

(2.) BRIEFLY stated, the facts of the case, as extracted from Crl. Appeal No. 445-SB of 1992, are that on 12.4.1990, PW-4 Jai Pal Singh, Sub Inspector, alongwith PW-2 ASI Hardwari Lal and other police officials was going towards Village Jagsi from the side of Huda Gangana. When they reached near canal (Rajbaha), driver stopped the jeep for putting water in the radiator. In the meantime, Ranbir resident of Village Gangana Huda met PW-4 Jai Pal Singh, Sub Inspector, and he was talking to him. At the same time, the appellant came from the side of Village Jagai, holding a Katta (gunny bag) in the right arm pit. The said bag is Ex. P2. On seeing the police party, he tried to slip away but was apprehended on suspicion. He was given offer as to whether he wanted to get himself searched in the presence of some higher officer or from him but the appellant opted to be searched by PW-4 Jail Pal Singh Sub Inspector. Consequently, he took the search of the appellant and the bag was found to contain 2 Kgs. of Charas. 100 Gram of charas was separated as sample. The sample and the residue were separately sealed with the seal of 'JS' and seal after use was handed over to PW Ranbir Singh and the case property was taken into possession vide memo Ex. PA attested by the witnesses.

(3.) FROM that very bag, Ex. P2, an envelope of green colour was recovered, which was found to contain opium, weighing 500 grams. 50 grams of the opium was taken out as sample. The sample and the residue were separately sealed with the seal of 'JS' and the seal after use was handed over to Ranbir Singh and the case property was taken into possession vide memo Ex. PA/1. He sent ruqa, Ex. PB/2 for the registration of the case, on the basis of which formal FIR, Ex. PB/1 was recorded.