MANGI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeals No. 399-SB of 1992 and 404-SB of 1992 as they have been filed by the same appellant Mangi Lal. Criminal Appeal No 399-SB of 1992 has been filed through jail and Criminal Appeal No. 404-SB of 1992 has been filed through counsel against the judgment and order dated 2.9.1992 passed by the learned Additional Sessions Judge, Panipat whereby the appellant has been convicted for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) and sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 1 lac failing which he has to further undergo rigorous imprisonment for two years.

(2.) CASE FIR No. 503 dated 12.10.1988 was registered at Police Station City Panipat for the offence under Section 18 of the Act on the allegations that Krishan Chander ASI, Police Station City Panipat along with other police officials were present near the Gate of Octroi Post of Bus Stand, Panipat. Per chance Liakat Ali Numberdar, resident of Raj Majra and Shafi Mohd., resident of Garhi Basak, Police Station Sadar Panipat met him. He was just talking with them, then a person, whose name and place of residence later came to be known as Mangi Lal (appellant), resident of Piplia Kulmi, Police Station Machalpur, Tehsil Khilchipur, District Raj Garh (MP), was seen coming from the side of the G.T. Road holding black colour bag in his right hand. On seeing the police party, the appellant at once turned back by taking speedy steps. On suspicion being raised, the Assistant Sub-Inspector of Police along with the help of police officials apprehended him and asked whether he wanted to get himself personally searched before a gazetted officer. He desired to be searched before the ASI, who conducted personal search of the appellant. The bag of the appellant, which he was holding in his right hand, was checked and opium wrapped in polythene envelope was recovered from between the clothes lying in his bag. On weighing the same, it was found to be 2 kilograms. One hundred grams of opium was taken out separately from the recovered opium as sample and the same was made into a sealed parcel after placing it in a small tin box. The remaining opium was placed in a tin box and parcel was prepared. Both the parcels were sealed with the seal of "KC" along with the bag. These parcels were taken to the Police Station vide memo. The seal after use was handed over to witness Liakat Ali. The accused was found to have committed an offence under Section 18 of the Act by keeping in his possession 2 kilograms opium. Accordingly, writing was sent to the Police Station for registration of case through Constable Ajit Singh No. 1081. On the basis of the said writing, as already noticed, FIR Ex. PD/1 was registered. The Police after investigating the case filed charge-report (challan) in the Court of Sub Divisional Judicial Magistrate, Panipat, who vide his order dated 7.3.1991 committed the case to the Court of Session as the offence attributed the appellant was triable by the said Court. The learned Additional Sessions Judge, to whom the case was assigned, charged the appellant on 1.4.1991 on the allegations that he on 12.10.1988 in the area of Police Station City Panipat was carrying 2 kilograms of opium and thereby committed an offence punishable under Section 18 of the Act. The appellant pleaded not guilty to the charge and claimed trial.

(3.) THE learned Additional Sessions Judge after considering the evidence and materials on record convicted the appellant and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac. The said order, as already noticed, is assailed in this appeal.