GUMAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence imposed by the learned Addl. Sessions Judge, Karnal in Sessions Case No. 52/2 of 1986, dated 9.10.1986.

(2.) According to the case of the prosecution, the accused-appellant was apprehended in suspicion on 11.1.1986 at about 2.20 P.M. and on searching his person one K.G. of opium wrapped in a wax paper was recovered from him and a sample was taken out of the same and the sample was sent to the Chemical Examiner who opined that it is opium. Thereafter, charge-sheet was filed against the accused. In order to prove the guilt of the accused, the prosecution examined two witnesses and marked documents. On a consideration of the evidence on record, the learned AddI. Sessions Judge convicted the accused under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentenced him to undergo rigorous imprisonment for a period often years and to pay a fine of Rs. One Lac. Aggrieved by the said conviction imposed by the learned AddI. Sessions Judge, the appellant preferred the above appeal.

(3.) The learned counsel for the appellant contended that the provisions of Section 50 of the Act, were not complied with and therefore, the conviction of the accused is liable to be set-aside.