PRITAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SESSIONS Judge, Sirsa vide order dated 1.5.1987 convicted Pritam Singh accused (appellant) under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as NDPS Act) and sentenced him to undergo R.I. for 10 years and to pay fine of Rs. 1 lac, in default of payment of fine to undergo further R.I. for two years. Pritam Singh has knocked the door of this court through this appeal challenging his conviction and sentence.

(2.) PROSECUTION story, in brief, is that on 16.3.1986. SI Mange Ram, In- charge, Police Post Chautala was present on the passage leading to village Ratanpura in connection with patrolling along with the HC Ravi Dutt and constables Rai Sahab and Mehtab Singh. Pritam Singh accused was spotted coming at a distance of about half kilometre from the side of village Ratanpura. At the sight of Police party, Paritam Singh accused turned back and started walking swiftly. This conduct on the part of Pritam Singh accused aroused suspicion in the mind of SI Mange Ram who apprehended him and found opium, wrapped in a glazed paper, in the left dub of the pyjama worn by him. Opium weighed 200 grams. Out of the recovered opium, 10 grams was taken out as sample. Sample opium was made into a parcel. Remaining opium was also made into a parcel. Both the parcels were sealed by SI Mange Ram with seal impression 'MRS'. Both the sealed parcels were taken into possession vide memo Ex.PD. Visual site plan Ex.PE was prepared at the spot with correct marginal notes. Ruqa Ex.PC was sent to the police station on the basis of which formal FIR Ex.PC/1 was recorded at PS Sadar Dabwali. On return to the police station, SI Mange Ram deposited both the sealed parcels with MHC Satbir Singh. Sample was sent to the Chemical examiner for chemical examination. Chemical examiner found, vide report Ex.PF, that the contents were opium containing Morphine and Meconic Acid. After investigation, accused was challaned under Section 18 of the NDPS Act. Case was committed to the court of Session by Sub Divisional Judicial Magistrate, Dabwali vide order dated 21.11.1986. Pritam Singh accused was charged under Section 18 of the NDPS Act by Sessions Judge, Sirsa. He pleaded not guilty to the charge and claimed trial. At the conclusion of the trial, Sessions Judge, Sirsa found the charge proved against the accused, convicted and sentenced him as aforesaid.

(3.) IN the Opium Act, there were no special safeguards provided to the accused whereas some special safeguards have been provided to the accused under NDPS Act which are intended to obviate false implication. Section 50 of the Act is mandatory and it enumerates the conditions under which search of persons shall be conducted.