SHAUKAT ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-accused has assailed his conviction awarded to him by Shri K. C. Dang, Additional Sessions Judge, Karnal under S. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'Act') and sentence of 10 years R.I. with a fine of Rs. one lac and in default to further undergo R.I. for five years.

(2.) Brief resume of the facts is that on the intervening night of 1/2-2-1986 Assistant Sub Inspector Bachan Singh of Police Station City Panipat along with Assistant Sub-Inspector Satbir Singh, Head Constables Manohar Lal, Virsa Singh and Gulab Singh and Constable Shiv Kumar left the police station for patrolling. They reached at Ganda Nala Pul on Sanoli Road, Panipat. At about 4 a.m., they saw the appellant-accused coming from the village Sanoli on foot wrapped in a blanket. On seeing the police party present at the spot, he tried to slip away, which arose suspicion. Assistant Sub-Inspector Bachan Singh nabbed him, offered himself for personal search and immediately took personal search of the accused-appellant. Assistant Sub-Inspector Bachan Singh found one kg. of opium wrapped in a wax paper under the right arm pit of the accused. 30 grams of opium were separated as sample, seized opium was weighed and two parcels were prepared as per the law. They were sealed with the seal bearing the inscription of 'BS'. Ruqa Exhibit PB was sent to the concerned police station. Assistant Sub-Inspector Bachan Singh seized the contraband vide seizure memo Exhibit PA. He prepared the site map Exhibit PC. F.I.R. Exhibit PD was recorded on the basis of the Ruqa Exhibit PB. On that very day at the time of preparing the arrest memo when person of the accused was again searched, Assistant Sub-Inspector Bachan Singh found that he was also carrying 12 bore country made pistol in the right dub of his pyjama, which was also seized and a separate charge-sheet under S. 25 of the Arms Act was filed against the appellant. The case property was deposited with the Head Constable Moharrir of the Police Station on that very day. On 3-2-1986 the case property was sent to the Chemical Examiner, Karnal, who on analysis, opined vide Annexure PD that the contraband contained 3.0% morphin and hence, it was opium. During trial, affidavits of Bhalley Ram, Annexure PE and that of Sunder Lal, Annexure PF, were also submitted as link evidence. Prosecution examined Assistant Sub-Inspector Satbir Singh as PW-1 and Assistant Sub-Inspector Bachan Singh as PW 2. No other evidence was adduced by the prosecution.

(3.) Accused was examined under S. 313 of the Code of Criminal Procedure. His defence plea was of false implication and he declined to adduce any evidence in defence. Relying on prosecution evidence, the learned lower Court held the accused-appellant guilty of the said offence, convicted and sentenced him, as stated above.