SAWANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIRENDER Singh Sawant Ram son of Bagha Ram the appellant herein stands convicted under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred to as 'the Act') and has been sentenced to undergo RI for ten years to pay a fine of Rs. One lac, in default of payment of fine to further undergo RI for two years by learned Additional Sessions Judge, Sirsa vide judgment dated 17.2.1989. Aggrieved by the impugned judgment, he has preferred the present appeal.

(2.) IN brief the case of the prosecution is that on 3.1.1988 SI/SHO Dharambir Singh PW1 alongwith other police officials were going in government Jeep to village Chautala. When they reached near village Dhaban, the appellant was seen coming from village Chautala, having a thaila in his right hand. On enquiry he disclosed his name and then investigating officer (PW1) asked him as to whether he wanted to be searched before any gazetted officer of a Magistrate but he refused and reposed his confidence in SI Dharambir Singh PW1. On search of his thaila, 2 kgs of opium wrapped in a glazed paper was recovered. 10 grams of opium was separated for sample. The sample and the residue were then sealed with the seal of DS (Dharambir Singh) and the seal after use was hand over to HC Chandgi Ram. The case property was taken into possession vide recovery memo Ex. PA. A ruqa was sent to the concerned police station upon which formal FIR Ex. PB/1 was recorded. Other necessary legal formalities were also done at the spot.

(3.) THE prosecution in support of its case has examined PW1 Dharambir Singh SI, the investigating officer of this case who has reiterated the case of the prosecution. Head Constable Satbir Singh is PW2. He is also one of the witnesses to the recovery and has signed the necessary documents including recovery memo prepared at the spot. Besides this, the prosecution tendered affidavit Ex. PE of MHC Hari Singh and Ex. PF of Constable Jagdish Singh in evidence. Chemical report Ex. PD was also tendered by the prosecution.