PALA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Pala Ram son of Boga Ram and has been directed against the judgment and order dated 12.5.1997 passed by the learned Additional Sessions Judge, Hisar, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (to be referred as "the Act") and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for a period of two years.

(2.) THE brief facts of the case as disclosed in the judgment of the learned Additional Sessions Judge are that on 18.10.1993 at about 9.40 p.m., a police party headed by SI Jasrath Singh (investigating officer) along with other police officials was present at Bus -stand, Dhangar, in connection with patrol duty and excise checking. In the meantime a person having a steel Dibba (a tin box) in his right hand was seen coming from the side of the village. The appellant on seeing the police party at once turned back and started walking rapidly, which created suspicion in the mind of the police. The investigating officer suspected the accused to be carrying some contraband and had accordingly served a notice, Ex.PF, upon him asking him whether he wanted to be searched before a Gazetted officer or Magistrate. Pursuant to his reply, Ex.PF/1, the accused was searched in the presence of Mange Ram, the then DSP Fatehabad. On search, 800 grams opium was recovered from the steel box out of which 50 grams was separated as sample. The sample and the remaining quantity of recovered opium, Ex.P1, were separately sealed with the seal "JS" of the investigating officer and also the seal "MR" of Mange Ram DSP. Both the parcels were taken into possession vide recovery memo. Ex.PD. The investigating officer handed over his own seal "JS" to Head Constable Guriya Ram. After preparing spot formalities i.e. the rough site plan, Ex.PG, of the place of recovery, recording of statements of the witnesses, the investigating officer sent a ruqqa, Ex.PH, to the police station which forms the basis of FIR, Ex.PH/1, which was recorded by SI Dharam Pal. The accused along with contraband recovered and report, Ex.PB, was produced before SHO Sukhdev Singh, who also made his own endorsement, Ex.PB/1, on the report. SHO also verified the investigation. The case property was handed over to the MHC. The sample was sent to the chemical examiner for analysis, who found the contents to be that of opium.

(3.) THE learned Additional Sessions Judge charged the appellant for the aforesaid offence vide order dated 12.7.1994. He having pleaded not guilty, prosecution was called upon to lead evidence. Prosecution examined four witnesses in support of their case, namely, PW1 Inspector Sukhdev Singh, PW2 DSP Mange Ram, PW3 ASI Guriya Ram, PW4 DSP Jasrath Singh (the then investigating officer) and tendered in evidence the affidavit of Constable Balbir Singh, and report of the chemical examiner Ex.PJ.