GURSEWAK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 13.07.2004, passed by learned Additional Sessions Judge, Fatehabad, vide which accused -appellant Gursewak Singh alias Chhalli has been held guilty and convicted for the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after referred to as 'the Act') and the order on the quantum of sentence dated 14.07.2004 vide which he has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/ -, in default of payment of fine he was further ordered to undergo simple imprisonment for a period of six months.

(2.) AS per the prosecution allegations on 04.08.2002 PW8 ASI Jagdish Prasad intercepted the accused -appellant at Bus Stand Nimri having a plastic bag in his hand, on the basis of suspicion. He was informed of his right of search before any gazetted officer or magistrate and was served with a legal notice under Section 50 of the Act. He opted to get his search conducted before a gazetted officer. PW4 Hari Chand Bhatia, Naib Tehsildar, Ratia was called at the spot. The search and seizure was carried out in his presence, which led to the recovery of 500 grams opium from the plastic bag in the possession of the accused -appellant. Two samples of 10 grams each were separated. Sealed parcels of the samples and residue opium were prepared. These parcels were sealed by the Investigating Officer and PW4 Hari Chand, Bhatia, Naib Tehsildar with their seals. The formalities at the spot were completed and on return to the police station, the accused along with the case property and witnesses was produced before PW2 SI Shamsher Singh, the then SHO, Police Station - Ratia, who also verified the facts of the case and affixed his seal on the parcels of the case property. The sample parcel was sent to the Forensic Science Laboratory, Madhuban, Karnal for examination, which was found to be of opium vide report Ex. P15 and on completion of formalities of investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (here -in -after referred to as 'Cr.P.C.') was presented in the Court.

(3.) IN order to substantiate its case, prosecution examined as many as nine witnesses.