PURE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed by Pure Lal accused against his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentence to undergo RI for ten years and to pay a fine of Rs. 1 lakh, failing which to further undergo RI for two years, awarded to him vide order passed by the learned Additional Sessions Judge, Panipat dated 8.4.1992.

(2.) AS per prosecution version, on December 25, 1989 the appellant was apprehended by the police party headed by Inspector-Kidar Singh Rathi (PW-5) and other police officials including HC-Dhan Raj (PW-4), when he was carrying a bag in his hand. On seeing the police party, the appellant tried to flee. The police party suspected that he had some contraband articles in the bag carried by him. Inspector-Kidar Singh Rathi had asked the appellant that he wanted to search his person and if the appellant so desired, his personal search could be conducted by a Gazetted Officer. The appellant in his statement Ex PD had expressed confidence in the Inspector-Kidar Singh Rathi and desired that the search could be conducted by the Inspector himself. Thereupon the search was conducted, as a result of which, 5 kgs. of opium was recovered from the plastic bag Ex. P-2 and consequently, Recovery Memo, Exhibit PC was prepared. A sample was taken from the seized contraband and the same was sent for analysis, which was found to be opium. Consequently, prosecution was launched against the appellant.

(3.) LEARNED counsel for the appellant made the following three submissions to assail the conviction and sentence awarded to the appellant :