SAHAB RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts: On 31st December, 1986, a police party consisting of Amin Lal A.S.I. Bir Singh constable and a few other officials, was on excise checking n they received a secret information that the accused. Sahab Ram, was dealer in opium and if a search has made he could be apprehended. On next day, that is, on 1st January, 1987 Amin Lal A.S.I. along with his companions preceeded towards the premises of the accused and entered in hurriedly, but the accused tried to slip away. He was however ended and, as a consequence of his personal search, 500 grams of ai was recovered from the pocket of the kurta that he was wearing. The matter was investigated and a charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') was framed against him and as he pleaded not guilty he was brought to trial

(2.) The prosecution relied on the statements of PW-1 Bir Singh Constables, PW-2 Amin Chand A.S.I. in support of its case and also produced evidence the report of the chemical examiner and the affidavits to link various facts of the case.

(3.) When examined under Section 313 Cr.P.C. the accused denied the recovery and stated that he had been falsely roped in at the instance of one Palla Ram. He also produced DW-1 Ad Ram in support of his case.