CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned Additional Sessions Judge, Rohtak in sessions Case No. 29 of 1988 (Session Trial No. 4 of 1988) on the accused-appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act')

(2.) ACCORDING to the case of the prosecution on 28th August, 1988, the Assistant Sub Inspector of Police Tota Ram alongwith the Head Constable Samunder Singh and two other Constables was present at the Bus Stand Rohtak. At about 6 P.M. the Assistant Sub Inspector of Police received a secret information that the accused was dealing in the sale of opium and was sitting at Booth No. 10 from where the Bus was scheduled to go to village Gochhi and if raided, the opium could be found from his possession. Then the Assistant Sub Inspector of Police and other police officials went to Booth No. 10 where the accused was found sitting on a bench. The Assistant Sub Inspector apprehended him and asked him whether he would like to be searched by him or by some senior Police Officer or before a Magistrate, but the accused offered to be searched by the Assistant Sub Inspector. Then the Assistant Sub Inspector conducted the search and recovered opium wrapped in a wax paper from his dhoti. The opium recovered was found to be 200 gms. The Assistant Sub Inspector took a sample of 10 gms. out of the same and sealed it in a match box and the remaining opium was kept separately and sealed in a card-board box. Thereafter, he sent a ruqa to the Police Station on the basis of which the case was registered. After completion of the investigation, the chargesheet was filed against the accused.

(3.) ON a consideration of the material on record, the learned Additional Sessions Judge found the accused guilty for offence under Section 18 of the Act and accordingly sentenced him to undergo rigorous imprisonment for a period of 10 years, and pay a fine of Rs. one lac.