GAJA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Gaja Nand (hereinafter described as the Appellant) directed against the judgment and order of sentence passed by learned Additional Sessions Judge, Sirsa dated 19.2.1994. By virtue of the impugned judgment, the learned trial Court held the appellant guilty of the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as the 'Act'). The appellant was subsequently sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. One lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for two years.

(2.) THE relevant facts giving rise to the present appeal are that on 25.10.1991, Sub Inspector Ran Singh was posted as Incharge, C.I.A. Ellenabad. The appellant was detained suspecting that he was in possession of some Narcotic Substance in the bag in the area of Talwara Khurd. Head Constables Jagdish Singh and Suraj Mal were present. The appellant was informed vide a written notice, Ex. PA that if he chooses, his person can be searched in presence of a Magistrate or a Senior Police Officer. The appellant expressed his full faith in Sub Inspector Ran Singh and permitted him to effect the search.

(3.) THE appellant and the recovered articles were produced before the Officer Incharge of Police Station, Ellenabad, who verified the facts and directed the case property to be deposited in the Malkhana. Satbir Singh was the Malkhana Moharrir. He took the case property in the Malkhana. The same was sent to F.S.L. Madhuban on 6.11.1991 through Constable Jagdish Raj. On receipt of the report that contents were opium, report under Section 173 Code of Criminal Procedure was submitted.