SURESH 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. 31 of 1987 (Sessions Trial No. 2 of 1988) dated 13.7.1988.

(2.) THE case of the prosecution is that on 1.4.1987, the patrolling party consisting of the Sub Inspector and two Assistant Sub Inspectors and four constables were present at Rohtak. At 5.10 a.m. a bus of Haryana Roadways came from Delhi and the same was stopped by the patrolling party. The accused-Suresh was also one of the passenger standing in the bus with an attache-case. Then the Sub Inspector of Police searched attempting by taking the attache case from the hands of the accused. The said attache case was searched and ply of false bottom was broken and below it there was a plastic bag containing opium and the same was recovered by the Police. Out of it 10 grams opium was separated as sample and parcels of the same and the remaining bulk were prepared and were sealed with seal bearing inscription RK and a ruqa was sent to the Police Station for registration of the case and on the basis of which the investigation was taken up and after completion of the investigation, a charge-sheet was filed.

(3.) AFTER closure of the evidence of the prosecution, the accused was examined under Section 313 of the Code of Criminal Procedure and in defence the accused has not examined any witness.