SANTOSH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 6.5.1987 passed by the Additional Sessions Judge, Karnal, by which Santosh Kumar, appellant was convicted under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo R.I. for five years.

(2.) THE prosecution story, in brief, is that on 2.5.1986, ASI Radhey Sham of P.S. City, Panipat, accompanied by HC Dhanraj and constable Dharam Pal and Ram Kishan was present at Bus Stand, Panipat on special duty, when the accused carrying a bag on his left shoulder, was seen coming from the opposite direction, who on seeing the police party, retraced his steps towards the outer gate of the Bus Stand but he was apprehended on suspicion. On personal search of the bag, opium wrapped in a polythene bag was recovered, which on weighment came to be 3 Kgs. Out of the said quantity, 10 grams were separated as sample. Both the sample and residue opium were separately sealed with the seal bearing inscription 'RSS' and taken into possession vide recovery memo, Ex.PA. Thereafter the Investigating Officer sent ruqa, Ex.PB, to the police station, on the basis of which formal FIR, Ex.PB/1, was recorded, prepared rough site plan, Ex.PC, recorded statements of the witnesses, arrested the accused and on return to the police station, produced the case property before the SHO, who affixed his seal on both the sealed parcels, whereafter the case property was deposited with the MHC. On receipt of the report of Chemical Examiner, Ex.PD and after completion of investigation, the challan was presented against the accused.

(3.) WHEN examined under Section 313 of Code of Criminal Procedure the accused denied the prosecution allegations against him and pleaded his innocence and false implication. He, however, did not lead any evidence in his defence.