ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Anil Kumar (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Bhiwani dated 26.7.95 and 28.7.1995 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 and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for 2-1/2 years.

(2.) THE relevant facts giving rise to the present appeal are that on 14.11.1991 SI Ram Singh alongwith ASI Ram Chander and other officials were present near the Bus Stand Loharu. They were patrolling the area. Secret information was received. After few minutes, the appellant was spotted. He was seen coming from the Rajasthan side and he was holding a bag in his hand. On seeing the police party, he turned back but was apprehended.

(3.) 100 grams was separated as a sample. The sample and rest of the opium were converted into separate parcels and sealed with the seal of 'AK'. Seal after use was given to Banwari Lal a Public witness. Both the packets were taken into possession vide a recovery memo. On returning to the police station, the appellant and the recovered packets were produced before DSP Bhup Singh. He checked the case property and re-sealed the same with his own seal. Subsequently, the representative sample was sent for chemical analysis. On receipt of the report that contents were opium, challan as against the appellant was filed.