BHAGWAN DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Bhagwan Dass son of Devi Dass (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Kurukshetra dated 23.2.1994. By virtue of the impugned judgment the learned trial court held the appellant guilty of the offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act') and subsequently sentenced the appellant to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for one year.

(2.) THE relevant facts are that on 6.11.1992 SI Bhoop Singh was posted in C.I.A. Staff, Kurukshetra. Accompanied by ASI Ram Kala and other police officials, he was present at Brahm Srover. They were patrolling the area. SI Bhoop Singh received a secret information about the accused loitering with a bag containing opium. SI Bhoop Singh organised a raiding party. The picket was held near the statue of Gulzari Lal Nanda at Braham Srover. After some time the appellant with a bag came from the side of Kali Kamli ground. He was apprehended on suspicion.

(3.) THE sample and the rest of the opium were converted into two separate parcels, sealed and taken into possession vide a recovery memo. The appellant was arrested.