NANHE LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 16.9.2003, rendered by the Court of Additional Sessions Judge, Panipat, vide which it convicted the accused (now appellant), for the offence, punishable under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1986 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two and half years, for having been found in possession of 6 kgs 600 grams opium, without any permit or licence.

(2.) THE facts, in brief, are that, on 28.3.2000 ASI Ram Niwas, along other police officials was present near the entry gate of bus stand, Panipat in connection with patrol duty, when a man was seen coming from inside the bus stand, carrying a bag in his right hand. On seeing the police party, the man turned back, and started walking with fast speed. On suspicion, the ASI apprehended him. On inquiry he disclosed his name as Nanhe Lal son of Ram Sukh. Suspecting some contraband in the bag, which he was carrying, he was given notice under Section 50 of the Act, asking him as to whether he wanted his search to be conducted, in the presence of a Gazetted Officer or a Magistrate. He opted to be searched in the presence of a Magistrate. Mr. K.K. Amrohi, District Revenue Officer, was sent a telephonic message and was called at the spot. He reached the spot and on his direction ASI Ram Niwas searched the bag, being carried by the accused, as a result whereof 6 kgs 600 grams opium, was recovered therefrom. Two samples of 50 grams each, were separated, 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 with the seals, and taken into possession, vide separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused was arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Inspector Raghbir Singh, PW1 who proved the FIR Ex. PA/1, recorded by him on the basis of ruqa Ex.PA, Naresh Kumar MMHC, PW2, who tendered in evidence his affidavit Ex.PB regarding deposit of case property with him by ASI Ram Niwas, HC Sumer Chand, PW3, who also tendered his sworn affidavit Ex.PC regarding deposit of sample parcels with FSL, Madhuban on 17.4.2000 with seals intact, Constable Mehar Singh, PW4, who tendered in evidence his sworn affidavit Ex.PD, to the effect, that he delivered the special reports of the instant case to the Ilaqa Magistrate, and the police office, Raghbir Singh, lnspector, PW5, who was the SHO, Police Station City Panipat at the relevant time, and before whom the case property, accused and the sample parcels were produced and who verified the same, K.K. Amrohi, PW6, the District Revenue Officer, a witness to the recovery and ASI Ram Niwas, PW7, the Investigating Officer. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.