AMAR SINGH ALIAS KABU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 20. 7. 1998, rendered by the Presiding Officer Special court, Kurukshetra, vide which it convicted the accused appellant, Amar Singh, and sentenced him to undergo rigorous imprisonment for a period often years, and to pay a fine of Rs. 1,00,000, and in default of payment of the same, to undergo rigorous imprisonment for another period of two and a half years, for the offence punishable under Section 18 of the Narcotic Drugs and Psycho-tropic Substances Act, 1985 (hereinafter called as 'the Act' only) for having been found in possession of 900 grams of opium, now falling within the ambit of non-commercial quantity, without any permit or licence. .

(2.) THE facts, in brief, are that on 17. 1. 1997, Sham Lal, Sub Inspector, SHO police Station Jhansa, along with other police officials, was present near the turning of Chattarbhuj Majra village in connection with patrol duty. He received the secret information that a trolla bearing registration no. HR-29a/5420, which was coming from kurukshetra side was being driven by the driven, who was possessing opium and if, a raid was conducted, he could be apprehended with the same. In the meantime, the trolla, aforesaid came. It was stopped by the police party. Amar Singh, accused, was found driving the same. Personal search of the accused was conducted in the presence of Deputy superintendent of Police, Pehowa who was called to the spot. 900 grams of opium, was recovered from his personal search. He could not produce any permit or licence, for keeping in possession the said opium. A sample was taken out, and the remaining opium was put into a separate container. The sample and the remainder were converted into parcels, duly sealed with the seals and, thereafter, taken into possession vide separate memo. Ruqa was sent to the Police Station, on the basis whereof, FIR was recorded. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) ON appearance, in the Court of the committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of sessions, charge under Section 18 of the Act, was framed against him, to which he pleaded not guilty and claimed judicial trial.