SOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . What is the effect of partial offer on the recovery of the Narcotic Drugs and Psychotropic Substances is the short point which is involved in the present criminal appeal filed by Shri Sohan Lal appellant and the appeal has been directed against the judgment and order dated 28.7.1994 passed by the Court of Additional Sessions Judge, Ambala, who convicted the appellant Shri Sohal Lal under Section 18 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo rigorious imprisonment for a period of ten years and to pay a fine of Rs. 1 lac and in default of payment of fine the appellant was directed to undergo rigorous imprisonment for a period of one year.

(2.) THE brief facts of the case can be noticed in the following manner : -

(3.) THE Investigating Officer separated two samples weighing 20 grams of opium and the remaining was put in separate packet. All the three packets were sealed with the seal of Hari Chand and the seal was handed over to the independent witness Ramesh Singh Belt Ex.P.1, Packet Ex.P.2 and the remaining opium Ex.P5 and one sample packet Ex.P4 were separately taken into possession. Ultimately, the sample of the opium was sent to the office of Forensic Science Laboratory, who vide report Ex.PE declared the contents as opium. Accused could not produce any licence or permission for the possession of the opium at the relevant time. Memo. Ex.PD was sent to the Police Station the Sub Inspector on the basis of which formal F.I.R. Ex.PD/1 was registered. Rough site plan Ex.PC was also prepared at the place of arrest. On the completion of the investigation, the appellant was challaned under Section 18 of the N.D.P.S. Action the Court of Illaqa Magistrate, who supplied the copies of documents to the accused and vide commitment order dated 3.1.1994 committed the accused to the Court of Sessions in order to face trial.