RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 30.5.1995/31.5.1995 of Additional Sessions Judge, -Bhiwani, vide which both the accused Ramesh and Azad Singh were convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) and each were sentenced to ten years rigorous imprisonment and a fine of rupees one lac each. In default of payment of fine they were further ordered to suffer rigorous imprisonment for 2-1/2 years.

(2.) Briefly stated the facts are that AS! Dharampal, Incharge of Police Post, Dighawa, was present along with other police officials at T point of Nakipur at about 4.00 p.m. on 26.7.1992. A motor cycle on which two persons were riding came there at about 4.30/4.45 p.m.-Noticing the police party the driver of the motor cycle tried to turn it back: Both i.e. the driver of the motor cycle and the pillion rider were apprehended on suspicion. Azad Singh was driving the motor cycle Le. DBW2495, while Ramesh accused was sitting on the pillion seat. A.S. I. Dharampal told the accused persons that he suspected some narcotic substance in their possession and asked them as to whether they would get their personal search conducted in the presence of a gazetted officer or a Magistrate. Written notice to this effect was given and the accused opted for their personal search in the absence of any gazetted officer or a Magistrate. The personal search of the two accused was then conducted by ASI Dharampal and the bag which was lying on the motor cycle in between the two accused, on the seat of the motor cycle, was found to contain 5 kgs of opium. The sample of 100 grams was separated. The sample and the remainder were made into two parcels and they were sealed with the seal of DP8. The recovery memo EX. PD was prepared which was attested by constable Satish Kumar. The seal after use was handed over to Head Constable Ishwar Singh. The motor cycle was also taken into possession through recovery memo. Ruqa Ex. PE was sent to the police station on the basis of which the formal FIR Ex. PE 11 was recorded by Inder Singh S.I. Rough site plan EX.PF was also prepared at the spot. Jamatalasi memos of the belongings of the accused were separately prepared. The accused were then produced before Shri Bhoop Singh Yadav, the then D.S.P. Loharu and he also made enquiries from the accused and made entriesT in the case diary. Thereafter, the accused were produced before the SHO who verified the facts of the case and put his own seal is on the sample and the other recovered opium. The case property was then deposited with the MHC of the Police Station and the sealed sample was sent to the Forensic Science Laboratory, Madhuban and vide Ex. PA, the sample was found to be of opium. After completion of investigation the challan under Section ,18 of the Act was submitted in the Court. The case was committed for trial to the Court of Sessions by the learned Judicial Magistrate, Loharu, vide his order dated 17.5.1993.

(3.) Both the accused were charged under Section 18 of the Act on the above said allegations on 12.7.1993 by the Additional Sessions Judge, Bhiwani. The accused pleaded not guilty and claimed trial.