BALKAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -accused Balkar Singh had filed this appeal against the judgment dated 15.11.1986 of Shri Babu Ram Gupta, Additional Sessions Judge, Karnal whereby he found him guilty of the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act') and sentenced him to undergo rigorous imprisonment for ten years with a fine of Rs. one lac, in default to undergo further rigorous imprisonment for five years.

(2.) BRIEFLY stated the prosecution case is that on 11.5.1986, A.S.I. Yad Ram, Head Constable Bani Singh and Constable Karan Singh were present on Jatal Road near Railway Crossing Panipat on patrol duty. At 11.30 a.m. they saw accused coming from Gohana Road. An air bag was hanging over his right shoulder. On suspicion, he was apprehended by A.S.I., Yad Ram, when search of the air bag was taken, it was found that it contained a woollen Chaddar, Pyjama and opium wrapped in a wax paper. Accused was not having any licence for its possession. The total weight of opium was 1 kg. 500 gms. 50 grams of opium was taken out as sample. Two separate packets were prepared of 50 grams and remaining 1 kg. 450 grams of opium and were duly sealed by 'Y.R.' seal of A.S.I. Yad Ram. All the articles were seized vide seizure memo, (Ex. PA.) Ruqa (Ex. PB) was sent to the police station. F.I.R. (Ex. PB/1) was recorded. After completing usual investigation on the spot, A.S.I. Yad Ram brought the accused along with the seized and sealed articles to the police station, deposited the case property in the Malkhana of the police station and handed over the accused to SHO. On 19.5.1986, sealed sample of seized opium was sent to Chemical Examiner for analysis. Vide report (Ex. PD) dated 27.5.1986, the expert opined that it contained opium. He also mentioned that seal on the sample was found intact which tallied with the specimen seal impression 'Y.R.' sent to the Laboratory. On these facts, the accused was prosecuted.

(3.) DURING trial, prosecution examined Head Constable Bani Singh PW 1, AS.I. Yad Ram PW 2, H.C. Bhale Ram PW 3 and Constalbe Sunder Lal PW 4. The trial Court disbelieved the defence plea, found the sworn testimony of the prosecution witnesses cogent and reliable and, thus, accused was found guilty of the said offence and was convicted accordingly.