MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED -appellant -Mukhtiar Singh was convicted by the learned Additional Sessions Judge, Karnal (in Sessions Case No. 72/2 of 1986 - F.I.R. No. 133 dated 21.3.1986, Police Station, Butana) under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) and sentenced to rigorous imprisonment for ten years, to pay a fine of Rs. one lakh and in default to further undergo rigorous imprisonment for two years.

(2.) THE case of the prosecution is as follows : On 21.3.1986 A.S.I. -Shambhu Dayal (P.W. -2) of C.I.A. Staff, Karnal, along with A.S.I. -Devi Singh (P.W. -1) and other members of the police party had reached the 'SYL' Bridge in -the area of Village Sonkra. Balkar Singh met PW -2 Shambhu Dayal and was talking with him. Accused -Mukhtiar Singh, who was coming from the southern side of the Canal Bank, with a cloth bag in his right hand, tried to take turn on seeing the police party, but was apprehended on suspicion. On a personal search of the accused, 1 kilogram of opium, wrapped in a wax paper, was recovered from the cloth bag. 10 grams of opium was taken out as sample. The sample and the remainder were separately sealed and were taken into possession as per memo - Ex. PB. A.S.I. -Shambhu Dayal (P.W. -2) sent intimation (Ex. PC) to the police station, on the basis of which, the formal F.I.R. was recorded. On receipt of the report of the Chemical Analyst (Ex. PE), and after completion of the investigation, the chargesheet was filed.

(3.) THE prosecution examined A.S.l. - Devi Singh (P.W. -1), A.S.I. - Shambhu Dayal (P.W. -2), Head Constable - Ram Bhaj (P.W. -3) and also tendered into evidence the affidavits of Constable - Jagir Singh (Ex. PA) and HC - Ram Bhaj (Ex. PF).