THANDI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -appellant has assailed his conviction and sentence awarded to him by the Additional Sessions Judge, Hisar, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) for keeping in his possession 250 grams of opium without any permit or licence. He is sentenced to 10 years rigorous imprisonment with a fine of Rs. One Lac and in default of payment of fine, to undergo further rigorous imprisonment for two years.

(2.) SHORT resume of the case is that on January 1, 1986, ASI Rajinder Singh of Police Station Sadar Hansi along with some constables was on patrolling duty from the police station in the early part of the day. When they were present near Water Works Datta at about 6.15 a.m. they saw the accused coming from the side of Barwala. Seeing the police party, the accused sat down by the side of the road pretending to be urinating. His conduct aroused suspicion and thus he was apprehended. On his personal search 250 grams of opium wrapped in a wax paper was recovered from the pocket of his shirt. He could not produce any permit or licence for its possession. Five grams of opium was separated. Sample was duly prepared. Remainder was also sealed separately. Both the sealed parcels were sealed with seal bearing inscription of 'RS.' Ruqa was sent to the police station, whereupon FIR was recorded. Thereafter usual investigation was completed on the spot. ASI Rajinder Singh brought the accused along with the contraband to the police station. The sealed packets were deposited with MHC of the police station. On January 13, 1986, the sample was sent through constable Raj Pal to FSL, Madhuban (Haryana). On examination the expert opined that it contained 4.51% of morphine and thus it was opium. Accordingly, the accused was charge-sheeted and charge under the aforesaid section was framed against him.

(3.) THE learned trial Court finding the prosecution case credible and reliable held that the prosecution has proved the offence beyond reasonable doubt. Disbelieving the defence version, he convicted the accused and sentenced him accordingly.