HOSHIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 12.11.2002 vide which accused-appellant Hoshiar Singh has been held guilty and convicted for the offence punishable under Section 18 Narcotic Drugs & Psychotropic Substance Act, 1985 (hereinafter to be referred as 'Act') and order of sentence of the same date, vide which he has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) The brief facts of the prosecution case are that on 20.05.1999, ASI Hardev Singh, Police Station, Garhi along with other police officials was on patrolling duty and was present in the area of village Pipaltha near Gurudwara. In the meantime one person was seen coming from Ujjana path. On seeing the police party, he tried to retrace. On suspicion, he was apprehended and on interrogation he disclosed his identity as Hoshiar Singh, the present appellant. ASI Hardev Singh suspected narcotic substance in his possession and he served the accused with a notice under Section 50 of the Act Ex.PF giving him an option of search in the presence of a Gazetted officer or a Magistrate. The accused vide reply Ex.PF/1 reposed faith in ASI Hardev Singh who carried out the search and opium wrapped in a polythene was recovered from right pocket of his trouser. Out of which 10 gms was separated out as sample and residue on weighment came to 340 gms. The sample parcel and residue were separately sealed with seal bearing impression 'HS'. The case property was taken into possession vide memo Ex.PG. The Investigating Officer sent ruqa Ex.PC to the police station. On the basis of which, formal FIR Ex.PC/1 was registered. The Investigating Officer also prepared the rough site plan Ex.PH. Thereafter, ASI Hardev Singh produced the case property along with accused witnesses before SI Balbir Singh, SHO, who affixed his seal on sample and the remainder parcel and entrusted the same to ASI Hardev Singh, who deposited the case property with MHC in intact condition. Sample parcel was sent to FSL Madhuban, Karnal for examination and on completion of the investigation, the report under Section 173 Code of Criminal Procedure (for short 'Cr.P.C') was presented.

(3.) The appellant was charge sheeted for the offence punishable under Section 18 of the Act, to which he pleaded not guilty and claimed trial.