SEWA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Sewa Ram (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Rohtak dated 20.11 1986. By virtue of the impugned judgment, the learned trial Court held the appellant guilty of the offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and thereafter vide the order of sentence or the same date, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.One lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for 2-1/2 years.

(2.) The relevant facts of the prosecution case are that on 23.4.1986 at about 9.00 A.M. HC Jai Bhagwan along with HC Pirthi Singh and others were present at Rohtak-Delhi road. They were standing near Goyal Brothers, Petrol pump. A bus bearing No.DEP-6915 of Krishna Bus Service came at about 9.00 A.M. It was stopped by the police party for checking. The driver and the conductor of the bus alighted from the same. The luggage of the passengers was checked. On suspicion appellant who was also sitting in the bus was asked to come down. His search was effected in presence of the driver and the conductor of the bus. Opium was found wrapped under the knee cap on the legs of the appellant. It had been secured by bandages. 10 grams of opium was taken as the samples. There were two packets, each weighed 1 Kilogram. The samples and the rest of the opium were converted into separate parcels and sealed with the seal of JB. The seal after use was handed over to HC Pirthi Singh All the packets were taken into possession vide a recovery memo which was attested by Sat Parkash and Pirjhi Singh.

(3.) Ruqa was sent to the police station through Constable Rajbir Singh. On basis of the same formal first information report was recorded by MHC Sukhbir Singh Rough site plan was prepared. The appellant was arrested. All the recovered articles were deposited in the Malkhana. Later on the representative samples were sent for chemical analysis. Report was received that it was opium. This led to the filing of the report under section 173., Crimial P.C. against the appellant.