STATE OF HARYANA Vs. ASU RAM

JUDGEMENT

(1.) The State of Haryana has filed this appeal against the judgment dated 7.2.1996 passed by the court of learned Additional Sessions Judge, Hisar, whereby accused Asu Ram (respondent herein) was acquitted of the charge framed against him under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) As per the prosecution version, on 18.11.1993 in the area of village Ghursal, one Kg. of opium was recovered from the bag carried by the respondent-accused in his right hand. According to the prosecution, on receiving secret information at about 2.30 PM by Ronki Ram SI/SHO PS Adampur (PW.6), the same was reduced into writing (Ex.PC) and sent to the Police Station, on the basis of which FIR (Ex.PD) was registered against the respondent-accused. Later on, the respondent-accused was apprehended in the presence of one independent witness, namely Raj Kumar (who has not been examined by the prosecution). It is alleged that after apprehending the respondent-accused, an offer was given to him to get himself searched either in the presence of a Magistrate or a Gazetted Officer, as required under Section 50 of the Act. It is the further case of the prosecution that vide consent memo (Ex.PH), the respondent-accused opted to be searched in the presence of a Gazetted Officer. Thereafter, he was taken to Shri Moti Ram, Tehsildar, Adampur (PW.4), in whose presence, one Kg. of opium was alleged to have been recovered from the possession of the respondentaccused. Out of the said opium, 100 grams of opium was taken out as sample, made into a parcel and was put in a tin dibi. The remaining opium was put into a Diba and a separate parcel of the same was prepared. Both the parcels were sealed with two seals, one of the said Tehsildar bearing impressions 'MRG' and the other of Ronki Ram SI/SHO bearing impressions 'RR'. Both the sealed parcels were taken into possession by the police vide recovery memo Ex.PF. On return to the police station, on the same day, i.e. on 18.11.1993, both the aforesaid sealed parcels were deposited with MHC Vijay Singh (PW.1). On 26.11.1993, the sample parcel along with sample seals was sent to the Forensic Science Laboratory through Constable Umed Singh (PW.2) and according to the report (Ex.PM), contents of the sample were found to be 'opium'.

(3.) After completion of investigation, challan was filed. The respondent-accused was charge sheeted for the offence under Section 18 of the Act, to which he did not plead guilty and claimed trial.