DARSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 2-11-1995/3-11-1995 passed by the Additional Sessions Judge, Ambala whereby the appellant has been convicted for an offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and setneced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) THE prosecution case is that on 3-6-1993 Sub Inspector Deep Ram of Police Station Panchkula alongwith other police officials was present at the bus stand of village Fatehpur in connection with patrolling and checking. Dariyai Lal (PW-4) was present and talking to him. He received a secret information that the appellant was coming from the side of village Peermachhala, on the kacha path having a bag containing opium. Information was given to D. S. P. Panchkula on wireless. Sub Inspector Deep Ram alongwith his companions held nakabandi. After 10/15 minutes the appellant was sighted while corning on the kacha path from the side of said village having a bag in his hand. He was apprehended by S. I. Deep Ram with the help of his companions. In the meantime D. S. P. Bishan Ram also reached there who was apprised of the secret information. On a direction given by the said D. S. P. , Sub inspector Deep Ram conducted the search of the bag which was found to contain 2 1/2 kilograms of opium. a sample weighing 50 grams was separated. The sample as well as the remaining opium were converted into two sealed parcels with the seal of Dr. Deputy Superintendent of Police also fixed his seal with the initials of BS on the said parcels. Since the appellant could not produce any licence or permit for keeping the said opium in his possession, the ruqa Ex. PA was sent to the Police Station on the basis of which First Information Report Ex. PA/1 was recorded. Case property was deposited in the Malkhana. Sealed sample parcel was sent to the office of the Forensic Science Laboratory. On receipt of the report of the Chemical Examiner and Completing the investigating a charge-sheet was submitted to the Court.

(3.) IN support of its case, prosecution examined as many as eleven witnesses including the Investigating Officer.