STATE OF HARYANA Vs. RAJ SINGH

JUDGEMENT

(1.) STATE of Haryana has preferred this appeal against the judgment dated 19.7.1991, passed by the Additional Sessions Judge, Hissar, whereby the respondent has been acquitted of the charge under Section 20(b)(i) 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 May 22, 1990, ASI Baljit Singh of Police Station, City Hissar, along with his other companions was present near the Forest Office, Hissar. Karela Ram son of Jhanda Ram, a resident of Hissar, joined the Police Party. In the meanwhile the respondent, while carrying a bag, and a lady namely Tulsa Devi were sighted while coming from the side of bye-pass. On seeing the police party, they tried to conceal themselves. On suspicion, both of them were overpowered and detained. Opium weighing 20 Kgs. was recovered from a tin-box in possession of Tulsa Bai and separate proceedings were conducted against her.

(3.) A charge under Section 20(b)(i) of the Act was framed against the respondent to which he pleaded not guilty and claimed trial.