GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant Gurdev Singh son of Nihal Singh stands convicted for an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic substances Act, 1985 on the following facts:

(2.) ON 22nd December, 1985, Ram Singh A.S.I. was on patrol duty. At about 3.P.M. Om. Parkash a Safai Mazdoor met him on the way and while they were going to village Janania, the appellant Gurdev Singh was noticed coming from the opposite side, who on seeing the two, started walking quickly, which are used the suspicion of A. S.I. Ram Singh. The appellant was, accordingly, chased and a apprehended and as a consequence of his search, one Kg of poppy husk was recovered from the bag that he was carrying. A sample was thereafter, separated from the seized article and sent for chemical analysis. After receipt of the report from the Chemical Examiner, the accused was challaned and as he pleaded not guilty, was brought to trial.

(3.) THE prosecution in support of its case examined PW -1 Om Parkash, PW -2 Ram Singh A.S.I. the Investigating Officer, PW -3 Sunder Lal Sub Inspector, who had recorded the formal First Information Report and PW4 Dr. S.K. Shukla, Assistant Chemical Examiner, Madhuban. The accused when examined under Section 313 of the Code of Criminal Procedure denied the factum of recovery and pleaded false implication. The trial court came to the conclusion that the evidence of PW.1 Om Parkash inspired confidence and on that short basis, convicted and sentenced the accused. Hence this appeal.