SANJAY KUMAR @ SANJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.7.2004/ order of sentence dated 17.7.2004 passed by the Court of learned Additional Sessions Judge, Fatehabad whereby he convicted and sentenced the accused Sanjay Kumar alias Sanju to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act') and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) THE facts in brief are that on 22.2.2002 Jagdish Kumar SI happened to be present at Ratia Octroi Post, Fatehabad being on patrol duty. In the meanwhile, the accused was spotted approaching from the side of Balmiki Chowk, Fatehabad with a plastic bag slinging from his shoulder. On catching sight of the police party, he turned back and started walking briskly. On suspicion, he was intercepted and served with a notice under Section 50 of the Act. He offered to have a search in the presence of a Gazetted Officer or a Magistrate. Jiwan Singh Naib Tehsildar was called at the spot. On search of the plastic bag, 10 kg. opium yielded. The usual formalities were observed. The accused was put under arrest. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) IN his defence, he examined his wife Monika DW1, Constable Puran Chand DW2, HC Om Parkash DW3 and closed his evidence.