PREM ALIAS PREM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence imposed on the accused appellant by the learned Additional Sessions Judge, Rohtak in Sessions Case No.7 of 1989 (Sessions Trial No. 21 of 1989) dated 12th July, 1989.

(2.) According to the case of the prosecution on 13-6-1998. Astt. Sub Inspector Rameshwar Dass alongwith other Police officials was present at platform No.1. Railway Station. Rohtak. At about 5.35 p. m. a train came from Jind side going to Delhi and halted at platform No. 1. Thereupon, the police started checking the passengers. At that time, accused came from the side of main gate towards .the parcel office and on seeing the police party the accused turned back and tried to slip away. On suspicion, the police apprehended the accused in the presence of one Jogi Ram. The accused was holding a cloth bag in his right armpit. When it was searched it was containing 280 grams of opium wrapped in a wax envelope. Out of it, 25 grams was taken as sample and sealed. The remaining opium was kept separately in a tin box and sealed. Thereafter, a ruqa was sent to the Police Station for registration of the case. After completion of the investigation a charge-sheet was filed against the accused.

(3.) After committal of the case, the learned Additional Sessions Judge framed a charge against the accused for the offence under Section 18 of the Act to which the accused pleaded not guilty.