BIRU @ BIRBAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal lays challenge to the judgment of conviction and order of sentence dated 05.06.2002 passed by the Additional Sessions Judge, Sirsa whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') detailed hereinbelow:- <FRM>JUDGEMENT_977_LAWS(P&H)7_2014_1.html</FRM>

(2.) The facts, in brief, are that on 20.05.2003, ASI Sant Lal along with police party was present at bus stand village Bappan where Jai Kishan, Inspector CIA, met him. On his direction, ASI Sant Lal raided house of the accused and he was present there. Notice Ex.PA under Section 50 of the Act was served but the accused expressed faith in ASI. On personal search of the accused, 50 grams of opium wrapped in a polythene was found in his right side pocket. 10 grams of opium was separated as sample and residue was sealed separately, taken into possession vide seizure memo Ex.PA. Ruqa Ex.PC was sent to the police station, on the basis of which formal FIR Ex.PC/1 was recorded by SI Jagdish Chander. Site plan of place of recovery Ex.PD was prepared; statements of witnesses were recorded and the accused was arrested. On receipt of report of Chemical Examiner Ex.PE and completion of necessary investigation, challan was presented in the Court for commencement of trial.

(3.) The accused was charged for committing offence punishable under Section 18 of the Act to which he pleaded not guilty and claimed trial. To substantiate the charge, the prosecution examined as many as five witnesses namely ASI Sant Lal PW1, HC Raj Mal PW2, SI Jagdish Chander PW3, HC Satbir Singh PW4 and Constable Dharambir Singh PW5. Report of the Forensic Science Laboratory Ex.PH was tendered into evidence.