KRISHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-accused has assailed his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act; 1985 (in short, the Act) and sentence to undergo rigorous imprisonment for 10 years and a fine of Rs. one lac; in default of payment of fine, to undergo further rigorous imprisonment for two years, by judgement dated January 24, 1987, and order dated January 27, 1987.

(2.) The factual matrix of the case is that on January 30, 1986, at about 2 P.M. ASI Kharatilal of CIA Staff Hisar along with ASI Hans Raj and five constables was going towards village Ramayan for crime detection and patrolling duty. When they crossed four or five paces from G.T. road towards village Ramayan, they spotted accused-appellant coming from the side of village Ramayan. On seeing the police party the accused pretended to sit for urination. On suspicion he was apprehended. His personal search was taken by ASI Kharati Lal, who found 800 grams of opium wrapped in a wax paper in the left Dub of his Tahmad which he was putting on. The accused was not having any permit or licence to possess opium. A sample of 10 grams was separated. This sample and the residue were duly sealed on the spot with the seal of 'R.R.'. Recovery Memo was drawn. Site plan was prepared. Ruga was sent to police Station Sadar, Hansi, for registration of the case. After completing the usual investigation on the spot, the accused and the contraband were brought to the Police Station. Case property was deposited in the Malkhana with Moharrar Head Constable. Copy of the FIR and case diary were sent to D.S.P. Hansi on the following day. On February 3, 1986, sample along with sample seal was sent to Forensic Science Laboratory, Haryana, Modhuban. On analysis, -Chemical Examiner found that the sample contained opium. His report is Exhibit PE. On these facts, the appellant was prosecuted.

(3.) To prove the charge the prosecution examined SI Devki Nandan PW-1, SI Singara Singh PW-2, ASI Hans Raj PW-3 and ASI Kharati Lal PW-4. Report of Chemical Examiner Exhibit PE and affidavits Exhibits PF and PG of HC Tirath Dass and HC Kanwar Singh respectively were tendered in evidence.