SHANKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The accused appellant Shankar Singh challenges the judgment of conviction and sentence passed by the trial Court under Section 18 and 21 of the NDPS Act.

(2.) The brief facts of the case are that PW8 Inspector Ram Niwas proceeded along with PW9 ASI Jai Narayan and other police officials to the bus stand Panipat in connection with patrol duty and crime detection. The accused Shankar was found entering into the bus stand carrying a suit case in his right hand. On seeing the police party he became nervous and started returning back briskly. The accused was apprehended. An option was given to him to have a search in front of a Gazetted Officer. PW10 DSP Rajiv Deshwal was requested to come to the spot. In his presence a search was conducted. In the suit case carried by the accused two polythene bags were found. One polythene packet contained heroin weighing 900 gms. and the other packet weighing 1 kg. and 800 gm of opium. Two samples of 20 gm each from out of the heroin and two samples of 50 gm each from out of the opium were drawn. Both the parcels were properly parceled and sealed with the seal of PW8 and PW10. The case property was entrusted to PW1 MMHC Jasmer Singh. The next day PW8 took the case property along with sample parcels from PW1 and produced the same before the Illaqa Magistrate along with the accused.

(3.) The FSL report would read that heroin could not be detected from the sample sent for examination. However, Alprazolam in strength of 0.4% (W/W) was detected in the sample. The second sample identified as opium contained 2.6% (W/W) Morphine.