BACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BACHAN Singh son of Bakhtawar Singh the appellant herein stands convicted by learned Additional Sessions Judge, Ambala vide judgment dated 14.11.1994 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 and to pay a fine of Rs. One lac, in default of payment of fine to further undergo RI for one year. Aggrieved by the impugned judgment of conviction, he has preferred the present appeal.

(2.) IN short, the case of the prosecution is that on 27.11.1992, SI Surjit Singh PW-4, alongwith other police officials was present on bus stop of village Mohra in connection with general patrol duty when he received secret information that a person alongwith a polythene bag in his hand was standing in front of Bata Shoe Factory near village Mohra and that he was having some contraband article in his bag. A raiding party was formed and it reached in front of Bata Shoe Company and over powered the present appellant. In terms of compliance of section 50 of the Act, he served notice Ex. PE but the appellant consented to be searched by a gazetted officer and signed the said notice. He was thereafter taken to the office of Karan Singh DSP Headquarter and on his direction the bag of the appellant was searched. The said bag was containing opium weighing 1500 grams. Two samples of 50 grams each were separated from the recovered material and the remaining opium was put into a separate packet. All the three packets were sealed with the seal impression 'KS' (Karan Singh DSP) and after its use the same was given to DSP Karan Singh. Other legal formalities were also done on the spot. A ruqa was sent for the registration of the formal FIR and consequently formal FIR Ex. PC was registered. After completion of the investigation the present appellant was charged under section 18 of the Act.

(3.) THE plea taken by the appellant was of false implication. However, the appellant did not adduce any defence witness.