GURMEJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced trial under Section 18 of the Narctoic Drugs and Psychotropic Substances Act,1985 (for short the 'Act') in FIR No.47 dated 15.3.1999 registered at Police Station Ismailabad. The trial Court vide its judgment and order dated 22.1.2004 convicted and sentenced the appellant under Section 18 of the Act.

(2.) Hence, the present appeal by the appellant-Gurmej Singh. Prosecution story, in brief, is that on 15.3.1999, SHO Desh Raj was present in the area of village Kainthla with other police officials in connection with detection of crime . In the meantime, a sikh gentleman, carrying a steel box, came from the side of the fields. The said person was apprehended on suspicion. On inquiry, the said person disclosed his name as Gurmej Singh son of Kartar Singh. Gurmej Singh was informed that he had the right to get the steel box searched in the presence of the Magistrate or the Gazetted Officer. Gurmej Singh requested that the search may be conducted before a Gazetted Officer. Memos in this regard were prepared.

(3.) Thereafter, Gurmej Singh was produced before the Deputy Superintendent of Police ('DSP' for short)- Om Parkash Kaushik for search of the steel box carried by him. It was found that the steel box contained 500 grams of opium. 50 grams of opium was separated as sample and the same was made into a parcel and was sealed with seal bearing impression 'OPK'. It was also sealed by SI Desh Raj with his seal bearing impression 'DR'. Specimen impressions of the seals were prepared. DSP retained the seal with him,whereas, SI Desh Raj handed over the seal to ASI Ram Avtar . A ruqa was sent for registration of the First Information Report .