SKATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Skattar Singh (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Ambala dated 14.12.1994. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act). By the subsequent order of sentence of the same date, the appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac. In default of payment of fine he was to undergo further rigorous imprisonment for one year.

(2.) The relevant facts alleged by the prosecution are that on 16.9.1993 SI Khushal Singh accompanied by Head Constable Ved Parkash and some other police officials were present at Platform No.3, Railway Station, Jagadhari. At about 5.10 p.m. Super Fast train came from Saharanpur and stopped at the platform. SI Khushal Singh and other police official entered the compartment so as to effect the checking. It was noticed that the appellant was getting down from the other side of the compartment in suspicious to Khudhal Singh Sub Inspector. The appellant was followed and stopped. He was holding a bag in his hand. In the meantime ASI Ram Kishan of Railway Protection Force also came there.

(3.) SI Khushal Singh suspected that appellant was carrying certain contraband articles. He requested Suraj Prakash, Deputy Superintendent of Police, G.R P. Head quarters, Ambala to reach the spot, He reached Jagadhari after sometime In the presence of Deputy Superintendent of Police the bag of the appellant was searched. It was found that there was a piece of cloth in the bag. It was opened. There was opium inside the polythene bag. The contents; were weighed and found to be 1400 grams. Two samples weighing 20 grams each were taken. The samples and the remaining opium were converted into two separate parcels and sealed with the seal of KS . Seal after use was given to ASI Ram Kishan. The packets were taken into possession vide a recovery memoir., The said memo was signed by Ram Kishan, Ved Parkash and Suraj Parkash. Ruqa was sent to the police station on the basis of which formal first information report was recorded.