RAJU ALIAS BHOLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment dated 14th November, 1995 and order dated 16th November, 1995 passed by the learned Additional Sessions Judge, Sirsa, who convicted appellant Raju alias Bhola under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine, the appellant was directed to undergo rigorous imprisonment for a further period of two years.

(2.) THE brief facts of the case are that on 17th August, 1993 ASI Hema Chand of Police Station City Dabwali along with Head Constable Raj Mal and some Constables was present in front of Bus Stand Dabwali. Bus No. HR-12-8607 of Haryana Roadways came from Sangria side and stopped there. Accused Raju alias Bhola alighted from the bus and on seeing the Police Party he started moving quickly towards Bathinda chowk. In the meantime Sukhvinder Singh PW also reached there. The accused was apprehended on suspicion. Suspecting some narcotic substance in the bag of the accused, notice Exhibit PC was served upon him by ASI Hema Chand, inquiring from the accused whether the wanted to give the search in the presence of some Gazetted Officer or a Magistrate. The accused vide reply Ex. PC/1 opted for search in the presence of any Gazetted Officer or Magistrate. Thereupon Shri Sanjay Kundu, IPS, ASP Dabwali was summoned from his residence and he accordingly reached the spot. Under his supervision search of the bag belonging to the accused was taken and opium was found therefrom. On weighment it came to 2 kgs. Sample weighing 50 grams was taken out of the bulk and a sealed parcel was prepared. The remaining opium was separately sealed. Entire case property was sealed with the seal of ASI Hema Chand, bearing inscription 'HC' and it was taken into possession vide recovery memo. Ex.PD attested by witnesses, including Mr. Sanjay Kundu. The seal after and after retaining the specimen impression, was handed over to Mr. Kundu. The accused could not produce any licence or permit for the possession of opium. Resultantly, Ruqa (Ex. PE) was sent to the Police Station for the registration of the case and formal FIR (Ex.PE/1) was registered on its basis. ASI Hema Chand, Investigating Officer of the case, prepared rough site plan (Ex. PF) at the spot and recorded statements of the witnesses and arrested the accused. On return to the Police Station, he deposited the case property with Moharrir Head Constable (MHC). The sample of the opium was sent to the office of the Chemical Examiner, who found the contents as opium as per his report Ex. PG. On completion of the investigation, the accused was challaned in the Court of the Illaqa Magistrate, who supplied copies of the documents to the accused and vide commitment order dated 6th April, 1994, committed the accused to the Court of Session in order to face trial.

(3.) IN order to prove the charge, the prosecution examined as many as 8 witnesses. The prosecution also tendered in evidence the report of the Forensic Science Laboratory and closed its case.