DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision petition is directed against the judgment and the order of sentence passed by the learned Judicial Magistrate, Panipat and the dismissal of appeal by the learned Sessions Judge. Kamal.

(2.) The relevant facts giving rise to the present revision petition are that on 21-6-1985 S.I. Kartar Singh along with other police officials were going in connection with the investigation of a case under the Gambling Act. The case was against one Devinder Singh. When he was returning from that place and reached near Bus Stand, Panipat near the Octroi Post, a person was seen coming from the side of bus stand. On seeing the police party, he tried to turn back towards the shop of a barber situated in the campus of the bus stand. On suspicion the petitioner was stopped.

(3.) Petitioner was interrogated and he disclosed his name to be Darshan Singh son of Gopal Dass. The person of the petitioner was searched. He was holding a bag in his right hand. It was checked and found to be containing opium wrapped in a wax paper. The contents were weighed and found to be 1 kilogram of opium. 20 grams was taken as the sample. The sample and the rest of the opium were converted into two separate parcels and sealed with the seal of KS. The packets were taken into possession vide a recovery memo. Ruqa was sent to the police station through Mohan Lal on the basis of which formal first information report was recorded. The sample and rest of the opium were deposited in the Malkhana. The representative sample was sent for chemical analysis. On receipt of the report, challan against the petitioner was filed.