AMRIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in appeal here is to the conviction of the appellant-Sub Inspector Amrit Singh of the Uttar Pradesh Police under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 hereinafter referred to as 'the Act'), for being found in possession of 4 kilograms of opium,

(2.) ACCORDING to the prosecution at about 5 P. M. on March 1, 1936, when Sub-Inspectors Narpat Singh and Joginder Singh along with other police officials were out on patrol near the bus-stand Panipat, they saw the appellant-Sub-Inspector Amrit Singh carrying a brief case coming from the Southern Gate of bus-stand. Seeing the police party, he retreated, whereupon suspicion was aroused and the police party then overpowered him near the gate. Amar Singh Lambardar of village Dhansauli also happened to come there at that time. On search of the brief case, four kilograms of opium was recovered.

(3.) THE case of the prosecution rests upon the testimony of PW1 Sub-Inspector Narpat Singh and PW 2 Joginder Singh. Both these witnesses deposed in a similar fashion namely, that they saw the appellant coming from inside the bus-stand holding a brief-case exhibit P/1 in his hand. Seeing the police party, he tried to retrace his steps upon which they became suspicious and apprehended him. Amar Singh Lambardar, who happened to be present at the bus and also joined them. Sub-Inspector Joginder Singh, after offering himself for search, informed Amrit Singh that if he so desired, his search would be carried out in the presence of a gazetted officer. Amrit Singh, however, declined this offer and he was thereafter searched. It was from the brief-case exhibit P/1, that the appellant was carrying. that four kilograms of opium wrapped in a wax paper was recovered. 25 grams of opium was taken from it as a sample and the opium was thereafter sealed.