HARJINDER SINGH @ LADDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant had faced trial in FIR No. 541 dated 26.08.2012 registered at Police Station Sadar, Karnal, under Section 18/25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, 'the Act').

(2.) The learned Judge, Special Court (Narcotic Drugs & Psychotropic Substances Act, 1985), Karnal, vide judgment dated 30.01.2014, convicted the appellant for commission of an offence punishable under Section 18 (b) of the Act. Vide order of even date, he was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/-, and in case of default of payment of fine, to further undergo simple imprisonment for six months.

(3.) The brief facts of the case are that on 26.08.2012, ASI Narain Dass along with other police officials was present on Kaithal Road in Tata Sumo bearing registration No. HR 45A-8000. A secret information was received that the appellant was indulged in selling opium and he was going from Karnal to Assandh carrying opium in his car bearing registration No. HR 26W-8243. ASI tried to join two independent witnesses but they expressed their inability. A raiding party was formed and Naka was held. A Tata Indica car bearing registration No. HR 26W-8243 coming from Karnal side was stopped. On enquiry, the appellant disclosed his identity. In compliance of Section 50 of the Act, he was given an option of getting himself searched before a Gazetted Officer. He wanted his search to be conducted by a Gazetted Officer. By a VT message, DSP Rajesh Kumar Bhardwaj was called, on his directions, ASI conducted personal search of the appellant, nothing was recovered. During the search of the car, 3 Kgs. 640 grams opium was recovered from a white coloured bag. Two samples of 20 grams each were separated. Samples and the remaining contraband were sealed by putting seals of 'ND' and 'RK'. The sealed parcels along with car were taken into possession. Ruqa was sent to the police station, on the basis of which formal FIR was registered. The appellant along with case property and the witnesses was produced before Inspector/SHO Siri Dutt, who verified the facts of the case from witnesses and put his seal of 'SD' on the case property. The samples were sent to FSL, Madhuban for analysis.