BALWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALWINDER Singh son of Karnail Singh, a young boy of 25 years at the time of his conviction, has filed the present Criminal Appeal and has been directed against the judgment dated 23.8.1995 and order dated 25.8.1995 passed by the Court of Additional Sessions Judge, Bhiwani, who convicted the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant shall further undergo rigorous imprisonment for a period of 2-1/2 years.

(2.) BRIEFLY , facts of the prosecution case are that on 4.11.1991 Inspector Jai Singh of C.I.A. Staff, Bhiwani, was present along with Sub Inspector Bhoja Ram, Sub Inspector Hira Lal and other officials in a Government Jeep at 'T' Point Loharu. Banwari Lal and Bajrang PWs came there and they were also associated in the police party. After about 15 months, Balwinder Singh- appellant along with one more person came from the side of Loharu. Balwinder Singh was carrying a pipi plastic in his right hand and the second person Kesar Singh was carrying a tin on his right shoulder. On seeing the police party, they tried to avoid it. They were apprehended on the basis of suspicion. A notice was served upon the appellant apprising him of his right to be searched in the presence of a Gazetted Officer or Magistrate. The appellant felt satisfied and offered himself for search by the Inspector himself. The memo to this effect was prepared and then the contents of pipi being carried by the appellant was checked and it was found to contain 2 kgs. of opium wrapped in a wax paper. The Investigating Officer Shri Jai Singh separated 100 grams of opium by way of sample. The residue were sealed in separate parcels with the seal bearing inscription 'PS'. The sample and the remaining opium was taken into possession vide separate recovery memo and it was attested by the witnesses. At about 2.00 p.m. Deputy Superintendent of Police Bhup Singh arrived at the spot and the case property along with the accused was produced before him. He also verified the facts of the case and resealed the case property with his seal bearing inscription 'HS'. Ultimately, the sample of the opium was sent to the office of the Chemical Examiner, who vide his report declared the contents as opium and on completion of investigation of the case, the appellant was challaned in the Court of area Magistrate, Loharu, who supplied the copies of the documents to the appellant and vide his commitment order dated 4.12.1992 committed the accused to the Court of Sessions.

(3.) IN order to prove its case, the prosecution has examined the following oral evidence :- PW-2 ASI Ram Chander; PW-2 SI Balkishore; PW-3 Jai Singh, the Investigating Officer; and PW-4 Inspector Bhoja Ram, a witness of the recovery. The prosecution also tendered in evidence the documentary evidence, which has been relied upon by the prosecution in this case is as follows :- Exhibit PA is the affidavit of Moharrir Head Constable while document Exhibit PB is affidavit of Constable Dariya Singh; Exhibiting PC is a notice which has been served upon the appellant; Exhibit PD is Recovery Memo, which is attested by S/Shri Banwari Lal, Bhoja Ram and the Investigating Officer Shri Jai Singh; Exhibit PD is ruqa which was sent to the Police Station, Loharu and was dispatched from the spot at 3.00 p.m. on the basis of which formal First Information Report was recorded in the Police Station, Loharu at 3.15 p.m. and the Special Report reached the Illaqa Magistrate on the same date at 7.45 p.m.; Exhibit PF is rough site of the place of arrest, while Exhibit PY is the report of Forensic Science Laboratory, Haryana, Madhuban (Karnal), who found Morphine content 3.53% w/w and declared contents as opium.