BHINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Bhinder Kumar has filed this appeal from jail as he was not represented by an advocate. Shri T.S. Sangha learned advocate practising in this Court was appointed to argue his case as amicus curiae.

(2.) THE appellant was convicted by learned Additional Sessions Judge, Sirsa in Sessions Case No. 49 -N.D.P.S. of 1992 for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act") and was sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. one lac. In default of payment of fine, he was further ordered to undergo R.I. for two -years. Aggrieved by the said conviction and sentence, the appellant has filed this appeal.

(3.) THE case of the prosecution is that on 10.4.92 S.I. Gurdeep Singh (P.W.5) was on petrol duty along with other police officials and was present near the Bathinda Chowk, Mandi Dabwali. At that time, the appellant was seen coming with a bag in his right hand from the side of Mandi Dabwali. He was apprehended on suspicion as he turned back on seeing the police party. He was given notice as to whether he wanted to be searched before a Gazetted Officer or a Magistrate and he gave reply Ex. PD/1 vide which he declined the offer and expressed confidence on S.I. Gurdeep Singh. On searching the bag which the appellant was carrying, opium was found in it. After taking the sample and preparing separate parcels, they were sealed. S.I. Gurdeep Singh sent ruqa Ex. PA to the police station for registration of the case. Then he prepared site plan and also recorded the statements of the witnesses. Thereafter he produced the appellant before S.H.O. Inspector Raj Kumar in the police station. The case property was also handed over to him. After completion of investigation, charge sheet was submitted against the appellant to stand trial.