STATE OF HARYANA Vs. MAHABIR

JUDGEMENT

(1.) This appeal has been preferred by the State of Haryana against the judgment dated 4-7-1991 passed by the Additional Sessions Judge, Hissar, whereby the respondent has been acquitted of the charge framed under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) The facts necessary for the disposal of this appeal, which can be gathered from the record of the Trial Court are, that on 16-1-1990 S.I. Sukhraj Singh (S.H.O. Police Station Tohana) along with his companions was going towards village Bhimewala for the investigation of a murder case. Near the crossing of Tohana, certain police officials on patrolling duty joined them. One Surjit Singh son of Narang Singh who happened to pass thereby, was also taken by the police party with it. On the metalled road at the turning of Bhimewala, the respondent was sighted having a bag in his right hand coming from the side of Surewala chowk. On seeing the police gypsy, he turned towards his right and hid himself behind a room constructed at bus stand Bhimewala. On suspicion the respondent was overpowered and detained. S.I. Sukhraj Singh expressed his suspicion that the respondent was carrying opium in his bag and if the respondent so desired, he could be searched in the presence of some Gazetted Officer or a Magistrate. Memo Ex. PB was prepared. The respondent declined the offer and reposed confidence in S.I. Sukhraj Singh vide his reply Ex.PB/1. On conducting search of the bag, opium weighing 4 Kilograms was recovered. 50 grams of the contents were separated by way of sample. The sample and the remaining contraband were converted into two separate sealed parcels with the seal of SS and seal after use was handed over to Surjit Singh. The parcels were taken into possession vide memo Ex.PC. A ruqa Ex.PD was sent through Constable Dhoop Singh on the basis of which formal F.I.R. carbon copy of which is Ex.PD/1 was recorded at Police Station Tohana. Site plan Ex.PE of the place of the recovery was prepared. Statements of the witnesses were recorded. S.I. Sukhraj Singh produced both the sealed parcels, the respondent and his report Ex.PA before Deputy Superintendent of Police, Tohana. On verification, the said D.S.P. fixed his own seal on both the sealed parcels and also signed the report Ex.PA. On his direction, the case property was deposited in the 'Malkhana'. Sealed sample parcel was sent to the office of Forensic Science Laboratory and the report Ex.PG was received. After completing the investigation, a charge-sheet was filed in the Court.

(3.) A charge under Section 18 of the Act was framed against the respondent, to which he pleaded not guilty and claimed trial.