RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Singh son of Bharat Singh, a young boy of 22 years, resident of Model Town, Bhuna, District Hissar has filed the present criminal appeal and it has been directed against the judgment dated 17.7.1998 and order dated 20.7.1998 passed by Addl. Sessions Judge, Hissar, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo R.I. for 10 years and the 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 10.4.1997 Ishwar Singh ASI along with Chhailu Ram HC, Raghbir Singh Constable etc. was on patrol duty at Rasulpur bus stand chowk. Jagdish son of Sher Singh met him and while they were talking, Ram Singh (also described as Ram Phal) came from the side of village Rasulpur with a bag in his right hand and on seeing the police party, he tried to retreat, but on the basis of suspicion he was apprehended. The police party suspected some narcotic substance in the possession of the appellant. Therefore, notice was given to him to the effect whether he wanted to give his search in the presence of a Gazetted Officer or a Magistrate, but the appellant reposed confidence in the police party. His statement was recorded. It was read over and explained to him. The appellant signed his statement in token of its correctness and it was attested by the members of the police party besides Jagdish, the independent witness who was associated in the police party by the Investigating Officer. On the search of the bag, opium was found. It was weighed and came to 2 kgs. The Thanedar separated 100 grams of opium by way of sample and made a sealed parcel thereof by using his own seal bearing inscription 'ISR'. The remaining opium was also separately sealed. The entire case property was taken into possession. The appellant could not produce any licence or permit for the possession of the opium. Intimation was sent to the concerned police station for the registration of the case and thus formal F.I.R. was registered. The appellant was produced before SI/SHO Zile Singh, who re-sealed the case property with his own seal bearing inscription 'ZS'. The sample of the opium was sent to the office of Chemical Examiner/Director Forensic Science Laboratory and on receipt of the report Ex.PJ, the appellant was challaned in the Court of Area Magistrate, who supplied the copies of documents to the appellant and vide commitment order dated 17.7.1997 committed the appellant to the Court of Sessions in order to face the trial.

(3.) IN order to prove the charge, prosecution examined Sat Narain SI PW1, Hem Chander H.C. PW2, Jagdish PW3, Chhailu Ram HC PW4, Balwant Singh HC PW5, Jagdish Rai Constable PW6, Babu Ram ASI PW7, Ishwar Singh ASI PW8 and Zile Singh SI PW9. I will give the brief description of their statements in the later portion of this judgment. Continuing with the part of the investigation, Ex.PA is the special report which was sent to the higher authorities under Section 57 of the Act. This special report was received by Zile Singh SI on 10.4.1997 and was seen by DSP Tohana on 11.4.1997. Ex.PB is the notice which was given to the appellant under Section 50 of the Act in the presence of Chhailu Ram HC and Jagdish son of Sher Singh. Ex.PB/1 is the reply of the appellant. Ex.PC is the confiscation memo of the case property. Ex.PD is the grounds of arrest through which the appellant was informed under which Section he was going to be arrested. Ex.PE and Ex.PF are the affidavits of Balwant Singh HC and Jagdish Rai Constable, who handled the sample of the opium from the date of the seizure upto the date of delivery in the office of the Director, Forensic Science Laboratory. Ex.PG is the ruqa which was sent to the police station for the registration of case and Ex.PG/1 is the formal F.I.R. Ex.PH is the rough site plan of the place of recovery. Ex.PJ is the report of the office of Director, Forensic Science Laboratory, who declared the contents of the sample as opium.