CHHABIL DAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution version has been supplied by Dharamvir, SI, SHO who appeared as PW.2 at the trial. He has stated that on 3.2.1986 he was posted as ASI in CLA, Tohana. On that day at about 4.30 p.m. he and Pyara Lal, Head Constable and Constable Jagjit Singh, Bhagat Singh and Raj Singh were on patrolling duty and were going from village Kulan to village Jabta Khera. Chhabil Das, accused, came from the side of village Jabta Khera who on seeing the police party turned back. On suspicion he was apprehended and the said ASI recovered 4 kg. opium from the thela (bag) which was being carried by the accused at that time. 10 gms. was separated as sample and then the sample and the remaining opium were sealed separately with the seal of DR and the seal after use was given to Head Constable vide memo. Ex. PA. He sent ruqa Ex. PB to the police station on the basis of which formal FIR Ex. PB/1 was registered by Moharer Head Constable Ishwer Singh. After the completion of investigation, the challan was prepared by SHO Bishan Dayal whose signatures he identified.

(2.) THE accused was charged vide order dated 15.6.1995 for having committed an offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as 'the Act') to which the accused pleaded not guilty and claimed trial.

(3.) BHIM Singh, Head Constable, P.S. Tohana, appeared as PW-4 and he tendered his affidavit Ex. PE in evidence. The chemical report Ex. PF was also tendered into evidence.