JIT LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant- Jit Lal son of Des Raj who stood trial before the Additional Sessions Judge, Kamal, in Misc. Sessions Case No. 84/2 of 1986 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, was accordingly convicted and sentenced to undergo Rigorous Imprisonment for ten years, to pay a fine of Rs. 1 Lakh (One Lakh) and in default to further undergo Rigorous Imprisonment for five years. The case of the prosecution is as follows:

(2.) On 30.11.1985 the Assistant Sub Inspectors Rinbir Singh and Dharam Singh along with police party were present in front of K.R. Cinema on Meerut Road, Kamal, while on patrol duty. The appellant-ut Lal who was coming from the side of the Truck Union, on seeing the police party tried to turn back. On suspicion he was apprehended and on checking the bag which he was carrying, he was found to carry 1 Kg. Of opium without any licence. After taking the sample, the sample and the reminder were separately sealed, and both the sample and the reminder were taken into possession under recovery memo Ex. P.B. On the rukka Ex. P.C. sent to the Police Station, the formal F.I.R Ex. PC/i was registered The sample parcel was sent for chemical analysis and the report regarding the same is Ex. PE.

(3.) The prosecution examined Assistant Sub Inspector Dhararn Singh and Ranbir Singh apart from marking the affidavits of Surat Singh (M.H.C.) arid Constable Surjit Singh (Ex. PA and Ex. PA/i). When examined under Section 313 Cr. P.C. the appellant accused denied the allegation and pleaded false implication. According to him, he was falsely implicated at the instance of Raju, who is inimically disposed towards him.