MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Mukhtiar Singh (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Hissar dated 14.11.1994 and 16.11.1994 respectively. 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, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for two years.

(2.) THE relevant facts can briefly be delineated. On 10.2.1993 ASI Partap Singh alongwith HC Gurmit Singh and Constables Tej Pal and Raj Pal were present on the road between Bhuna and Ratia. It is near village Mohammadpur Sottar. The appellant was seen coming on a Vicky (moped) from the side of village Mohammadpur Sottar. On seeing the police party, the appellant stopped his vehicle and made an attempt to turn back. On suspicion he was stopped. He was given a notice suspecting him to be in possession of some intoxicant. The appellant was informed that if he likes his person and that the search of the moped can be effected in presence of a Gazetted Officer or a Magistrate. The appellant opted that his person may be searched before Gazetted Officer or a Magistrate.

(3.) RUQA was sent to the police station on the basis of which formal first information report was recorded. Officer-in-charge of the police station reached the place. The appellant was produced before him. After verifying the fact, he affixed his seal of 'SP' on the packets. The case property was deposited in the Malkhana. Later the respective sample was sent to the Chemical Examiner. On receipt of the report that contents were opium, report under Section 173 Cr.P.C. was filed.