JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Jaswant Singh son of Sardul Singh and has been directed against the judgment dated 24.7.1987 and order dated 27.7.1987 passed by Addl. Sessions Judge, Sirsa, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to further undergo RI for a period of one year.

(2.) THE brief facts of the case are that on 8.3.1986 a police party headed by ASI Shri Krishan along with HC Babu Lal, Constable Krishan Lal and Constable Bajrang Dass was present at bus stand, Chautala on G.T. Road for the purpose of patrolling and crime checking. When the police party was talking with cash other, appellant Jaswant Singh came there on foot from the side of village Sangaria and at that time he was carrying a bag in his right hand. He was proceeding towards bus stand Chautala and on seeing the police party he tried to take a turn, but on the basis of suspicion he was apprehended by the Thanedar in the presence of other members of the police party. Personal search of the accused was taken as per procedure, as a result of which opium wrapped in a wax paper was recovered from the red and white stripped bag of plastic having two straps which the accused was carrying in his right hand. On weighment, the opium came to 3 Kgs. The Thanedar separated 50 grams of opium by way of sample and made a sealed parcel thereof in a small empty tin box. The entire case property was taken into possession. The Thanedar used the seal bearing inscription 'SK' for sealing the case property. Sample seal was also preserved and the seal after use was handed over to HC Babu Lal. The accused could not produce any licence or permit for the possession of the opium. Resultantly, ruqa was sent to the police station for the registration of case, on the basis of which formal F.I.R. under Section 18 of the Act was recorded. Finally, the sample of the opium was sent to the office of Chemical Examiner, who declared the contents as opium and on completion of other formalities of the case, accused was challaned in the court of Area Magistrate, who supplied the copies of the documents to the accused and vide commitment order dated 3.3.1987 committed the accused to the Court of Session.

(3.) IN order to prove the charge, the prosecution examined HC Babu Lal PW1 and ASI Siri Kishan PW2. The prosecution also tendered into evidence affidavit Ex.PD of Ram Pal, affidavit Ex.PE of HC Satbir Singh, report of Chemical Examiner Ex.PF and closed the case.