JEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 12.8.1996 passed by Additional Sessions Judge, Hisar by which Jeet Singh, appellant has been convicted under Section 15 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 one year.

(2.) BRIEFLY stated, the prosecution case is that on 24.8.1985, Inspector Raghbir Singh, SHO, Police Station Jakhal accompanied by HC Krishan Kumar and other police officials was going along Bhakra Canal on Government Gypsy for patrolling and when they reached near Ghaggar river, the accused was seen coming from the opposite side with a gunny bag on his head and he was apprehended on suspicion. In the meantime, Balkar Singh also came there and he too was joined in the investigation. Thereafter, Inspector Raghbir Singh served notice, Ex. PA on the accused intimating him that he was suspected to be in possession of some contraband and if he so desired, he could be searched in the presence of a Gazetted Officer or a Magistrate. In reply, the accused expressed his faith in Inspector Raghbir Singh and volunteered his search by him; in pursuance whereof Inspector Raghbir Singh searched the gunny bag carried by the accused and recovered Chura Post, which after weighing was found to be 35 Kgs. Out of the same, 200 grams were separated as sample and thereafter the sample and the remaining Chura Post were sealed separately with the seal ' RS' and taken into possession vide recovery memo, Ex. P.B. The seal after use was given to Balkar Singh PW. Thereafter, Inspector Raghbir Singh sent ruqa, Ex. PC, to the Police Station; on the basis of which formal FIR, Ex.PC/1 was recorded by Bani Singh, MHC.

(3.) WHEN examined under Section 313 of Code of Criminal Procedure, the accused pleaded his innocence and false implication. However, he did not lead any evidence in defence.