RANDHIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Appeal and has been directed against the judgment and order dated 30.7.1988 passed by the court of Additional Sessions Judge, Bhiwani who convicted the appellant under section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac and in default of payment of fine, he was further sentenced to undergo rigorous imprisonment for two years.

(2.) THE brief facts of the case are that on 11.2.1988, Sub Inspector Ram Kumar was posted at C.I.A. Staff, Bhiwani. On that day he alongwith police officials was present at bus stand Norangabad in connection with patrolling and excise checking. Appellant came from the side of village Bamla. On seeing the police party he tried to disappear. On the basis of doubt, he was apprehended. The Sub Inspector asked accused whether he wants to be searched by him in the presence of some Gazetted Officer or in the presence of any Magistrate. The appellant offered to be searched by Sub Inspector alone. After giving his search, the Sub Inspector conducted search of the appellant Shri Randhir and from the outer part of the kamri worn by the appellant underneath his shirt and out of the pocket of kamri, a packet wrapped in a piece of wax paper was recovered, which was found having contained opium. The thanedar separated 10 grams of opium and made parcel thereof. The remaining opium was also sealed. On weighment it came to 250 grams. The entire case property was taken into possession vide recovery memo Ex.PA. The appellant could not produce any permit or licence for the possession of the same. Ruqa Ex.PB was sent to the Police Station for registration of the case on the basis of which formal F.I.R. Ex.PB/1 was recorded. The Investigating Officer prepared rough site plan Ex.PC. The appellant was formally arrested and was produced before Inspector C.I.A. Staff who resealed the case property with his own seal bearing inscription DS. The sample was sent to the office of the Chemical Examiner who found the contents of the sample to be that of opium. On completion of the investigation of the case, the accused was challaned in the court of Ilaqa Magistrate who supplied copies of the documents to the accused. Vide commitment order dated 10.6.1988 committed the accused to the court of Sessions. Vide order dated 4.7.1988 appellant was charge-sheeted under section 18 of the N.D.P.S. Act on the allegations that on 11.2.1988 in the area of village Norangabad, he kept in his possession 250 grams of opium without any permit or licence and thereby committed an offence punishable under Section 18 of the N.D.P.S. Act. The charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.

(3.) IN his statement recorded under Section 313 of the Code of Criminal Procedure, the appellant stated that he was innocent and that he had gone to purchase a buffalo but was apprehended by the police and the present case has been planted upon him. In defence, the appellant did not produce any defence.