DALJIT SINGH @ FOZZI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 31.8.2007, rendered by the Judge, Special Court, Kaithal, vide which she convicted the accused/appellant, for the offence, punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him, to undergo rigorous imprisonment from 28.1.2006 to 9.3.2006, period already undergone, and to pay a fine of Rs. 5000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of one month, for having been found in possession of 1 kg. Opium, (falling within the ambit of non-commercial quantity), without any permit or licence.

(2.) THE facts, in brief, are that on 28.1.2006, Atma Nand, ASI, alongwith other police officials, was going to Chakuladana for patrol duty, and when the police party reached at 'T' point of Chakuladana turn, Ramthali Smadha, one Maruti Car, came from the side of village Chakuladana. It was signalled to stop. It was stopped. The driver of the same, came down, and started walking with a white polythene bag, in his hand. He was apprehended, on suspicion. On checking of the polythene bag, 1 kg. opium, was recovered. Two samples of 20 grams each, were taken out, and the remaining opium, was put into a separate container. The samples, and the container, containing the remaining opium, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Rough site plan of the place of recovery, was prepared. The statements of the witnesses, were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Balwan Singh, ASI (PW-1), Om Parkash, EHC (PW-2), Atma Nand, ASI (PW-3), the Investigating Officer, Rajbir Singh, Constable (PW-4), Ranjor Singh, HC (PW-5), Jai Pal Singh, ASI (PW-6), and Jaimal Singh, SI (PW-7). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.