DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 18.2.1997, and the order of sentence dated 19.2.1997, rendered by the Court of Addl. Sessions Judge (II), Bhiwani, vide which it convicted the accused (now 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 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 one year, for having been found in possession of 1Kg. opium (now falling within the ambit of non-commercial quantity), without any permit or licence.

(2.) THE facts, in brief, are that on 18.1.1994, Ranbir Singh, SI, the then Incharge, CIA Staff, Bhiwani, alongwith other police officials, was present at railway crossing, Bamla to Rewari Khera, in connection with patrol duty, when the accused was noticed coming, on foot, from the side of village Bamla, having a bag (thela), in his hand. He tried to turn back, but was apprehended, on suspicion. The search of the bag, being carried by the accused, was conducted, in the presence of Yogender Nehra, DSP, who was called to the spot, by sending a VT message, as a result whereof, 1 Kg opium, was recovered. A sample of 50 grams was separated, and put into a container. The remaining opium was also put into a separate container. The containers, containing sample, and the remaining opium, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Yogender Nehra, DSP (PW- 1), Rameshwar Kumar, SI (PW-2), Fateh Singh, Constable (PW-3), Rajender Singh, SI (PW-4), Balbir Singh, retired SI (PW-5), and Ranbir Singh, retired SI, (PW-6). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.