RAM LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant Ram Lal has filed the present appeal to challenge the judgment of the trial Court dated 26/27.03.2001, whereby, he has been convicted for offence punishable under Section 18 of the NDPS Act and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.1 lac with default clause.

(2.) Briefly, the facts of the prosecution case, are that on 18.03.1997, Devi Chand-Sub Inspector/Station House Officer, Police Station Shahabad along with other police officials was on patrol duty. Head Constables Om Parkash, Ram Kumar, Constables Krishan Kumar and Satbir Singh, met them on the way and they also joined the police party. A Maruti Car bearing registration No.HR-01D-9980 was found standing in front of Suraj Dhaba. Accused Ram Lal was sitting in the said car on the seat next to the Driver's side. A notice was served upon him under Section 50 of the NDPS Act and search was conducted of his person as well as of the car by giving option whether he wanted to be searched in presence of a gazetted officer or a Magistrate. The accused gave his willingness for getting his search conducted by Sub Inspector/Station House Officer-Devi Chand. On search, opium wrapped in an envelope was recovered from the car which was found kept under the seat whereupon the accused was seated. On weighing, said opium was found to be 500 gms. 100 grams opium was separated as sample. Both the sample as well as the remaining quantity of opium was converted into two separate parcels, sealed with seal 'DCS'. Then, the seal was handed over to Head Constable Om Parkash. The case property was taken in possession vide separate recovery memo. Rough site plan was prepared and statements of the witnesses were recorded under Section 161 Cr.P.C. After apprising the grounds of arrest, appellant-Ram Lal was arrested in the case and an intimation was sent to the Police Station for registration of FIR and a formal FIR (Exhibit P-1/1) was registered against the accused. Special report under Section 57 of the Act was also sent to the higher authorities. The sample parcel was sent to Forensic Science Laboratory, Madhuban which was reported to be opium.

(3.) On completion of investigation, the challan was presented against the accused-appellant and thereafter, the case was committed to the Court of Sessions Judge, Kurukshetra. Charges were framed against the accused under Section 18 of the NDPS Act.