HARBANS SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises from the following facts :

(2.) THE prosecution, in order to prove its case, examined amongst others SI Izzat Singh as PW 1, Constable Pritam Singh as PW2 and ASI Randhir Singh as PW 3.

(3.) THE trial Court came to the conclusion that the evidence of ASI Randhir Singh and Constable Pritam Singh proved the prosecution case beyond all reasonable doubt and the fact that no independent witness was joined at the time of recovery was no ground to disbelieve the testimony of the police officials; that the non-compliance with the provisions of Section 50 of the Act did not vitiate the conviction as it had not been ascertained from the prosecution witnesses in the course of their examination in the court as to whether the accused had opted to be searched in the presence of a gazetted officer or a magistrate; that the defence story was not believable and having held above, convicted the accused and sentenced him to undergo rigorous imprisonment for 10 years and to the payment of a fine of Rs. one lac, in default of payment of fine to further undergo rigorous imprisonment for two years. Hence this appeal.