RAM SARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Criminal Appeal arises out of a judgment passed by learned Additional Sessions Judge, Kurukshetra, dated 1.4.1989, in Sessions Case No. 7/2 of 1989 (Sessions trial No. 6 of 1989), holding the accused- appellant guilty of an offence under Section 18 of the NDPS Act and sentencing him to undergo R.I. for 10 years with a fine of Rs. 1 lac.

(2.) FROM the facts narrated at the bar, it appears that a police party was on patrolling duty on 15.6.1988 and at 4 p.m., they spotted the accused-appellant coming from Katihal side on a road known as Kaithal-Cheeka road. The accused-appellant was searched on suspicion and he was found to be carrying 2 kgs and 200 grams of opium. Learned trial Court appears to have recorded conviction on the basis of testimonies of ASI Dalip Singh (PW-1), ASI Manke Ram (PW-2) of CIA Staff, and ASI/SHO Anil Kumar (PW-3) of Police Station Kaithal, apart from considering the chemical examination report and recovery memos.

(3.) ON the other hand, learned State counsel tried to justify the impugned judgment. He submitted that the procedures as required under the law were duly complied with.