SUBEG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned Sessions Judge Hisar in Sessions Case No. 50 of 1988 for the offence under section 18 of the NDPS Act.

(2.) ACCORDING to the prosecution on 14.5.88 when the police party was at the railway station the accused got down from the train and on suspicion he was searched and opium weighing 500 gms was recovered from him. Samples were taken and recovery memo was prepared and FIR was registered and after completion of the investigation challan was presented against the accused. On the basis of the material placed before him the case was committed to Sessions. The learned Sessions Judge framed charge against the accused under section 18 of the NDPS Act. In order to prove the guilt of the accused the prosecution examined 3 witnesses and marked certain documents. On a consideration of the evidence on record the learned Additional Sessions Judge convicted the accused for the offence under section 18 of the NDPS Act and sentenced him to undergo RI for 10 years and pay a fine of Rs. 1 lac. Hence this appeal by the accused through jail.

(3.) I accordingly set aside the conviction and sentence imposed by the learned ASJ Sirsa on the accused-appellant. If the accused-appellant is still in jail he is directed to be released forthwith if not required to be detained in any other case. In case he is released on bail his bail bonds shall stand cancelled. appeal allowed.