STATE OF HARYANA Vs. BALJINDER SINGH

JUDGEMENT

(1.) BALJINDER Singh-accused/respondent (hereinafter referred to as the respondent) was challaned under Sections 17 and 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) for keeping in his possession 3 kg. 900 gms of opium, but vide judgment dated 24.11.1997, he was extended benefit of doubt and was acquitted by Additional Sessions Judge, Sirsa.

(2.) FACTUAL matrix of the case is that on 21.2.1994, when Om Parkash Inspector, CIA Staff, Sirsa along with other police officials was present at bus stand of village Sahuwala, he received a secret information against the respondent that he is in the habit of selling opium at his farm house. At this, Om Parkash organised a raiding party and when they were on their way to farm house of the respondent, the respondent was seen coming. He was stopped and after completing formalities, he was taken into custody. On search of the accused 3 kg. 900 gms opium was recovered from a packet carried by him in his hand, out of which a sample of 20 gms was taken out and after putting the same in an iron tin, was converted into a parcel. The remaining opium was also converted into a parcel. Thereafter, a ruqa Ex. PJ was sent to the Police Station, on the basis of which Sub-Inspector Lachhman Singh recorded First Information Report Ex. PJ-1. He also prepared report under Section 57 of the Act and put it before the Deputy Superintendent of Police at the spot.

(3.) IN order to secure the conviction of the accused, the prosecution examined six witnesses in all; Moti Lal Deputy Superintendent of Police PW-1, Constable Raj Kumar PW-2, who gave the evidence on affidavit Ex. PC, Gurmail Singh PW-3 alleged eye-witness did not support the prosecution case. Head Constable Krishan Lal PW-4 also made a statement by way of affidavit Ex. PE while Darshan Singh Inspector is the witness to the recovery and Om Parkash Inspector/Investigating Officer PW-6 proved the investigation conducted by him.