PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Prem Singh (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Sessions Judge, find dated 12.1.1995. By virtue of the Impugned judgment, the learned trial Court held the appellant guilty of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein- after described as the Act) and subsequently sentenced him 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 2112 years.

(2.) The relevant facts are that on 10.3.1993 ASI Hans Raj accompanied by ASI Angrej Singh, Head Constable Bodh Ram, Constables Azad Singh and Dharam Raj were patrolling the area. At about 6.00 P.M. they were present at a place near Karamgarh link road on Jind Bhiwani road. The appellant was spotted coming from the side of village Ghinlana - He was carrying a hand bag in his right hand. On seeing the police party, he turned back and started walking briskly towards the fields. On suspicion he was stopped by ASI Hans Raj. ASI Hans Raj disclosed to the appellant that he suspects him to be in possession of opium or charas. A notice was given to the appellant that if he likes his person can be searched before a Gazetted Officer or the nearest Magistrate. The appellant made a separate statement and expressed his wish that he would like to be searched before a Gazetted Officer.

(3.) ASI Hans Raj deputed Constable Dharam Raj to call Deputy Superintendent of Police, Jind. On receipt of the information, Shri Pirthi Singh, D.S.P. came to the spot in his jeep. In his presence the bag of the appellant was searched. The bag was found to contain charas wrapped in a paper. 100 gram is were taken as the sample. The sample and the rest of the charas were converted into two separate parcels and sealed with the seal of HRT. The Deputy Superintendent of Police also affixed the seal of PSS on the sample parcel and the remaining parcel. The specimen of the seals were also affixed and preserved separately. The seals after use were given to ASI Angrej Singh.