PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal arises out of impugned judgement and order of sentence dated 20/08/2003 passed by Ld. Special Judge, Faridabad whereby the appellant has been held guilty under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "The Act") and in furtherance thereof has been sentenced to undergo rigorous imprisonment for a period of 6 years and to pay a fine of Rs. 25,000/ -. In default of payment of fine, the appellant has been ordered to further undergo rigorous imprisonment for 1 1/2 year.

(2.) THE factual matrix of the case is that on 16/10/2000, Randhir Singh, SI along with the police party was present near Kattan Pathak where he received a secret information that the appellant is indulging in selling of opium and is present near the Dayal Bagh Park. Believing the information to be correct, Kuldeep Singh DSP was called through V.T. message. The police party along with the secret information reached the place from whereupon, the accused was apprehended. He was having a plastic bag in his right hand. After appraising the accused of his right to be searched either before a magistrate or before a gazetted officer and the accused reposing faith to be searched in the presence of a gazetted officer, Kuldeep Singh DSP was called at the spot and the plastic bag of the accused was checked and was found containing 1 1/2 Kgs. of opium. The same was taken into possession vide seizure memo Ex. PF after separating 20 gms opium as sample. Thereafter on completing all the investigational formalities, ruka Ex. PA was sent to the police station and on the basis of which formal FIR Ex. PA/2 was recorded and after receipt of the FSL report (Ex. PH), the accused was sent up to face trial.

(3.) THE statement of the accused was recorded under Section 313 Cr.P.C. wherein he denied the version of the prosecution and pleaded false implication. In support of his defence, he examined Ram Sawek as DW1 and Sushil Kumar as DW2 and thereafter closed his defence evidence.