MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT /accused has assailed his conviction and sentence under Section 17/18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) IN a nutshell the prosecution story was that 18.12.1985, Dalip Singh Assistant Sub Inspector PW-2 alongwith Ballu Ram Head Constable PW1 and other police officials went in a police jeep on patrol duty. At about 3.00 p.m. when they were present on the bridge Mamber Minor, Dayal Singh DW1 met them. After some time Dalip Singh saw the accused going with a bag in his hand. On seeing the police party, accused tried to escape from that spot. On suspicion, he was apprehended. The bag which he was carrying was searched. It contained 4 Kg. of opium. Sample of 50 gram was separated. Sample and the remaining opium was duly sealed on the spot with the seal bearing alphabet 'DS'. On personal search Rs. 2,000/- cash was recovered from the accused. Opium was seized vide seizure memo Ex.PC which was attested by Dayal Singh DW1 and Ballu Ram PW1. Cash was seized vide seizure memo Ex.PD. Ruqa Ex.PE was sent to the Police Station Bara Gudah and, thereupon, First Information Report Ex.PE/1 was recorded by Station House Officer. Dalip Singh prepared a site plan Ex.PF. Statements of the witnesses were also recorded by him. He brought the seized articles alongwith the accused to the police station. Accused was put up in the lock up and seized articles were deposited in the Malkhana with MHC. Sample was sent to Chemical Examiner on 26.12.1985. Affidavits of Head Constable Satbir Singh Ex.PA and Constable Davinder Singh Ex.PB were tendered in evidence to prove that the sample was sent from the Police Station, Malkhana to Forensic Science Laboratory, Madhuban, Karnal. On analysis, Chemical Examiner opined that the sample contained 3.38 per cent of morphine and, thus, it was opium. On these facts, accused was charge sheeted.

(3.) DURING trial, the prosecution examined Ballu Ram Head Constable PW1 and Dalip Singh Assistant Sub Inspector as PW2. Affidavits of Head Constable Satbir Singh Ex.PA and Constable Davinder Singh Ex.PB were tendered in evidence. FSL report Ex.PD was also tendered in evidence.