BAHADUR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.07.2001 and the order of sentence dated 24.07.2001, rendered by the Court of Additional Sessions Judge, Sirsa, vide which it convicted the accused (now appellant), for the offence, punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years, and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment, for a period of one year, for having been found in possession of 1 KG 100 grams opium milk, which now falls within the ambit of non-commercial quantity, without any permit or licence.

(2.) THE facts, in brief, are that on 13.03.2000 ASI Balwant Singh, along- with some other police officials, apprehended the accused at Vitas Karma Chowk, Sirsa, when he was moving under suspicious circumstances, with a bag, resting on his shoulder. The search of the bag, being carried by him, was conducted, in the presence of Mr. Mahinder Singh Malik, Dy. Superintendent of Police (HQ), who was called to the spot, by sending a message, as a result whereof, 1 KG 100 grams opium milk, was recovered therefrom. A sample of 100 grams of opium milk, was taken out of the recovered contraband, and the remaining opium milk, was kept in a separate container. The sample and the container, containing the remaining opium milk, 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, the FIR was recorded. The site plan was prepared. 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 Rattan Singh, H.C., (PW- 1), Ramji Lal, C., (PW-2), Mohinder Singh Malik, Dy. Supt. of Police, (PW-3), Balwant Singh, ASI, (PW-4) and Chander Singh, Inspector (PW- 5). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.