LAWS(P&H)-1998-1-116

SUKHDEV SINGH Vs. STATE OF HARYANA

Decided On January 21, 1998
SUKHDEV SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS appeal has been filed by Shri Sukhdev Singh son of Shri Kartar Singh, agriculturist, resident of village Gurni Kalan, District Mansa, and has been directed against the judgment and order dated 15th September, 1997 vide which the appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for a period of 10 years. He was further directed 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 period of one year more.

(2.) THE appellant Shri Sukhdev Singh faced the trial on the allegations that on 22nd February, 1994 in the vicinity two kilometres ahead of village Dhangar, he was allegedly found in the possession of opium weighing 500 grams without any licence or permit. The case of the prosecution in the trial Court was that on the date of the recovery Sukhdev Singh Inspector/S.H.O. of Police Station Fatehabad was going from village Dhangar towards village Mohamadpur Rohi along with A.S.I. Mahender Pal Singh and other members of the Police Party and when the Police Party reached at a point two kilometres from village Dhangar at about 5 P.M., the appellant was found coming from the side of village Mohamadpur Rohi. The police party was in a private jeep driven by one Subhash. On seeing the Police Party, the accused-apellant sat on the ground on the pretext of urination. On the basis of suspicion he was apprehended. Incharge of the Police Party told the accused that he wanted to make search of his person and whether the accused would like to give search in the presence of same Gazetted Officer. The accused told the Inspector that he may be taken before a Gazetted Officer for his search. Resultantly, consent memo. (Ex. PC) was prepared, which was handed over and explained to Sukhdev Singh accused, who signed the same in token of correctness and attested by A.S.I. Mahender Pal Singh and Subhash Chand. Thereafter, the appellant was produced before the Gazetted Officer Shri Ashok Kumar Yadav, Tehsildar-cum-Executive Magistrate, in whose presence the search of the person of the appellant was conducted and from the right dub of the Chadra worn by the appellant, opium wrapped in a wax paper was recovered. On weighment it was found to be 500 grams. 20 grams out of the recovered opium was separated as sample and made into a parcel and sealed. The remaining opium was also made into a sealed parcel by putting it in a separate container. The entire case property, i.e., the parcels of sample and the residue were taken into possession vide recovery memo. Ex. PB. The accused-appellant could not produce any licence or permit for the possession of the opium. Ruqa Exhibit PE was sent to the Police Station Fatehabad. Formal F.I.R. No. 131 dated 22.2.1994 was registered under Section 17 of the N.D.P.S. Act. The Thanedar also prepared the rough site plan (Ex. PG) of the place of occurrence. He also sent special report (Ex. PH) to the higher authorities. The case property was deposited with the Moharrir Head Constable Jai Chand (P.W.1).

(3.) VIDE order dated 23rd January, 1995 a formal charge under Section 18 of the NDPS Act was framed against the accused, which was handed over and explained to the accused, to which he pleaded not guilty and claimed trial. In order to prove the charge, the prosecution examined P.W.1 Jai Chand, Head Constable; P.W. 2. S.I. Sheodan Singh; P.W. 3, Shri Ashok Kumar Yadav, Tehsildar; P.W. 4. A.S.I. Mahenderpal Singh; P.W. 5. Inspector Sukhdev Singh and P.W.6 Constable Vijay Pal Singh. The prosecution also tendered into evidence the report of the Director, Forensic Science Laboratory besides the affidavits of formal witnesses and closed its case.