JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -appellant has preferred these afore­said appeals against the judgment 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 Substances 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 lac in default to further sentence of three years RI in both the cases.

(2.) FACTUAL matrix of the case is that on 1-2-1986, ASI Dharam Singh along with H. C. 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, j routing 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 hats right hand. Search of this bag was conducted, it contained one kilogram of opium and in pocket of the shirt of the accused 50 grams of Charas was recovered. Twenty grams of opium and 10 grams of charas were separated there from as sample which was sealed in a tin with the seal of D. S. Remaining opium and charas were also sealed in tin separately. Tin Exhibit P-l was-also duty sealed. Seizure memo Exhibit PA was drawn and was attested by Om Parkash 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 the 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. Moharrair Head Constable sent the samples to the Chemical Examiner for analysis. After anaysis report Exhibit PD was received. In Sessions Case No. 51/1986, expert opined that the sample contained opium while in sessions case No. 52/1986 expert opined that the sample was of charas. On these facts, accused was prose­cuted in both the cases for the aforesaid offences.

(3.) ACCUSED denied guilt in both the cases and pleaded false implica­tion. His defence was that Dharam Singh ASI and Ram Mehar Constable arrested him from his house on 1-2-1986 in the early hours of the morning and took him to the Police Station, City, Karnal. Under the instructions of City Inspector Mr. Bakshi, he was falsely implicated in these cases on the pretext that they were to give maximum number of cases under the Act. He further stated that earlier also, he was falsely implicated in such two cases under the Act in similar manner and FIR Nos. 813 and 814 were registered against him for keeping in his possession opium as well as charas. In both those cases, he was acquitted by Shri B. R. Gupta, Additional Sessions Judge, Karnal on 3-6-1986. He produced copies of the judgments delivered in those cases along with copies of the challans (FIRs Exhibits D-l and D-2 in both those cases).