SURINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal is filed by Surinder Kumar (hereinafter described as the appellant) against the judgment and order of sentence passed by the learned Additional Sessions Judcie, Ambala, dated 28th Airil, 1992 and 30th Airil, 1992 resiectively. By virtue of the impugned judgment and the order of sentence, the learned trial Court held the appellant guilty of the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) and sentenced the appellant to undergo rigorous imprisonment for 10 years and a fine of Rs. one lac, and in default of payment of fine, the appellant was to undergo further rigorous imprisonment for two years.

(2.) The facts of the prosecution case are that on 24th May, 1989 at about 6.10 a.m., Sub Inspector Khushal Singh was present at Platform No.3, Railway Station, Ambala. He was accompanied by A.S.I. Shiv Kumar, Head Constables Hardev Singh and Yudhvir Singh. While patrolling, they noticed that one train has steamed at the station. The appellant was seen sitting near the window. On seeing the police party, he alighted from the train.

(3.) The manner in which the appellant alighted from the train aroused the suspicion of the members of the raiding party. He was apprehended. Appellant was holding a bag. The Investigating Officer Khushal Singh told the appellant that if he likes his person can be searched before a Gazetted Officer. A notice in writing was served on the appellant. Appellant spurned the offer. Thereupon, the bag as such was checked.