KESHAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Keshar Singh son of Mohan Singh and has been directed against the judgment dated 23.8.1995 and order dated 25.8.1995 passed by Addl. Sessions Judge, Bhiwani, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to 'the Act') and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs. 1 lac; in default of payment of fine the appellant was directed to further undergo R.I. for 2 years.

(2.) THE brief facts of the case are that on 4.11.1991 Inspector Jai Singh of CIA Staff, Bhiwani (Investigating Officer of this case) along with SI Bhoja Ram, SI Hira Lal and other police officials in government jeep was present at T point Lahoru. Banwari Lal and Bajrang, the two witnesses, came there and they were also associated in the police party. After about 15 minutes, Keshar Singh appellant along with one other person came from the side of Lahoru and at the time the appellant was carrying a tin on his right shoulder and the second person Balwinder was carrying a pipi in his hand. On seeing the police party both of them tried to avoid it, but they were apprehended on the basis of suspicion as the Investigating Officer thought that these people might be carrying opium, ganja or charas etc. The Investigating Officer served a notice upon the appellant apprising him of his right to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant felt satisfied and offered himself for search by the Investigating Officer himself. A memo to this effect was prepared and it was attested by the aforesaid two witnesses besides SI Bhoja Ram. Thereafter the search of the tin was taken and it was found to contain opium wrapped in a wax paper. On weighment it came to 8 kgs. The Investigation Officer separated 100 grams opium by way of sample and prepared a sealed parcel thereof. The remaining opium was separately sealed with the seal bearing inscription 'PS'. The seal after use was handed over to SI Bhoja Ram. The appellant could not produce any licence or permit for the possession of opium. Resultantly intimation was sent to the police station for the registration of case, on the basis of which formal F.I.R. was registered. The Investigating Officer also prepared rough site plan of the place of recovery. He recorded the statements of the witnesses. He sent special report to the superior officer upon which DSP Bhup Singh arrived at the spot. The case property was produced before him. The DSP verified the facts and he also put his seal bearing inscription 'HS' on the sample and the residue. He took the seal from his Reader. Ultimately the sample of the opium was sent to the office of Chemical Examiner, who declared the contents as opium and on completion of the investigation of the case, the appellant was challaned in the Court of Area Magistrate, who supplied the copies of the documents to the appellant and vide commitment order dated 5.1.1993 committed the appellant to the Court of Session.

(3.) IN order to prove the charge, the prosecution examined Bhup Singh Yadav, D.S.P. PW 1, SI Balkishore PW2, HC Lal Chand PW3, Inspector Bhoja Ram PW4 and Jai Singh PW5. PWs Banwari Lal had Bajrang were given up by the prosecution on the ground that those have been won over by the appellant.