SHIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE appeals (Crl. Appeal No. 130-DB of 1995 and Crl. Appeal No. 216-DB of 1995) arise out of the following facts :

(2.) PW -3 Inspector Amir Singh SHO of Police Station City Karnal accompanied by PW-5 ASI Azad Singh, ASI Devi Dutt, ASI Rajbir Singh, H.C. Ram Dia and some police constables was present at the Karan Gate in Karnal town when he received secret information to the effect that accused Kishan Singh (an employee of the Telephone Department Karnal) who lived in a government quarter was dealing in the sale of opium and that his relative Shiv Kumar accused was his supplier of opium brought from Uttar Pradesh and that if a raid was conducted immediately the two could be apprehended with a heavy quantity of opium in their possession. Finding the secret information to be reliable PW-3 Inspector Amir Singh sent ruqa Exhibit P-1 to Police Station Karnal for the registration of a case, and an FIR Exhibit PB was duly recorded by Inspector Ram Kishan at 9.35 P.M. A wireless message was also sent to the Additional Superintendent of Police Shri Suresh Sharma PW-6 to reach the place. The police party headed by Inspector Amir Singh then reached the residence of Kishan Singh simultaneously with ASP Suresh Sharma (PS6). Kishan Singh accused was found weighing opium with a weighing scale whereas accused Shiv Kumar was packing it in packets. The police party found that four packets each weighing 2.750 kg. had already been prepared and the rest of the opium making a total of 15 kgs. was also found in the possession of the two accused. 250 grams of opium was separated from each of the packets as a sample and the balance was sealed in a big container with the seal of Inspector Amir Singh PW-3. One small weighing scale as also a 100 grams weight were also taken into possession. The samples of opium were sent to Forensic Science Laboratory, Madhuban for analysis and the Assistant Chemical Examiner in his report Ex. PF found them to be opium. A challan was accordingly put in court against the accused and as they pleaded not guilty they were brought to trial for an offence punishable under section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act').

(3.) THE prosecution case was then put to the accused and they claimed false implication on account of the fact that Inspector Amir Singh PW-3 was annoyed with Kishan Singh accused as he as a member of the Union of P and T employees had been instrumental in fomenting a strike in the department. Accused Shiv Kumar on the other hand stated that he had come to Karnal that very day and after alighting from a Haryana Roadways bus, he was on his way to Beer Badalwa when he had been apprehended by the police, taken to the Police Station Karnal and kept there for some days and then falsely implicated in the present case. This witness also examined himself as DW-3 alongwith some other witnesses in defence.