KHUBA RAM ALIAS KHUBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -accused is convicted under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') for possessing 250 grams of opium without a licence and is convicted and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. One Lac and in default of payment of fine to undergo further rigorous imprisonment for 3 years. He has filed this jail appeal against that conviction and sentence.

(2.) BRIEF facts of the case are that on the intervening night of 1/2.1.1986 Sub Inspector Zile Singh was on patrol duty-along with Head Constable Jagmal Singh and constables Dharam Pal and Mansa Ram at Garhi Bolni Chowk, Rewari. The accused was going from the side of the workshop. On seeing the police party, he tried to retrace his steps. Zile Singh apprehended the accused. He was found carrying jerican containing illicit liquor. When his personal search was taken, it was found that he was having 250 grams of opium wrapped in a wax paper in the inner pocket of his coat. Sample of 5 grams was separated. Opium was weighed and sealed in two small parcels. They were sealed with the seal of Zile Singh. Ruqa was sent to the Police Station. On the basis of the ruqa, FIR was registered. After completing the usual investigation at the spot, accused and the seized contraband were brought to the Police Station. The case property was deposited in the Malkhana. Thereafter, sample was sent to the Chemical Examiner, who after analysis confirmed that it was opium. On these facts, challan was filed.

(3.) PROSECUTION examined Zile Singh PW.2 and Dharam Pal PW.1 tendered affidavits of Moharrir Head Constable and Constable as well as the report of the Chemical Examiner in evidence. The trial Court relying on the prosecution evidence held the appellant guilty of the said offence, convicted and sentenced him accordingly