JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellant has preferred these aforesaid appeals against the judgement dated 4-11-1986, delivered by Shri K. C. Gupta. Additional Sessions Judge, Karnal, in sessions Trial Nos. 51 and 52 of 1986, wherein accused appellant is convicted under Section 18 of the Narcotic Drugs and Psychotropic Substance Act, 1985. (in short the 'Act') in sessions Trial No. 51/1986 and under Section 20 of the Act in Sessions Trial No. 52/1986 and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lakh in default to further sentence of three years in both the cases.

(2.) Factual matrix of the case in that on 1-2-1986, ASI Dharam Singh along with HC Jai Bhagwan and other police officials was present at Meerut Chowk at 3.00 p.m. near G. T. Road in connection with patrolling duty. At about 3.15 p.m. he saw the accused coming from the side of Sugar Mill. Seeing the police party, accused took a turn, thus arousing suspicion of the police party. Dharam Singh ASI with the help of the members of his party, apprehended the accused. Accused was carrying a bag in his right hand. Search of this bag was conducted, it contained one kilogram of opium wrapped in wax paper. Immediately, thereafter personal search of the accused was taken and from the front pocket of shirt of the accused 50 grams of charas were was recovered. Twenty grams of opium and 10 grams of charas were separated therefrom as sample which was sealed in a small tin with the seal of DS. Remaining opium and charas were also sealed in tin separately. Tin exhibit PI was also duly sealed. Seziure memo Exhibit PA was drawn and was attested by Om Prakash Constable and Jai Bhagwan Head Constable. After use, the seal was handed over to Jai Bhagwan, HC. Dharam Singh ASI sent ruqa Ex. PB to the police station whereupon FIR Exhibit PB/1 was recorded by Shanti Dass. On the spot, Dharam Singh ASI prepared rough site plan Exhibit PC and recorded the statements of witnesses also. Then, he brought the accused to the police station along with seized contraband. He deposited the case property with seals intact in the Malkhana of the police station. Moharrir Head Constable sent both the samples to the Chemical Examiner for analysis, After analysis report Exhibit PD was received. In Sessions Case No. 51/86, expert opined that the sample contained opium while in Sessions Case No. 52/86, experts opined that the sample was charas. On these facts, accused was prosecuted on both the cases for the aforesaid offences.

(3.) In both the cases, prosecution examined Jai Bhagwan P.W. 1and Dharam Singh P.W. 2. Affidavits of constable Karan Singh Exhibit PE and that of Surat Singh HC Exhibit PF were tendered in evidence.