INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a Criminal Appeal and has been directed against the judgment dated 22.8.1997 and order dated 26.8.1997 passed by the Court of Additional Sessions Judge, Hisar who convicted the appellant Shri Inder Singh under Sections 18 and 20 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, he was directed to further undergo rigorous imprisonment for a period of two years.

(2.) THE brief facts of the case are that on 26.5.1994 Shri Inder Singh Inspector/S.H.O. Police Station Civil Lines, Hisar alongwith Shri Devinder Kumar Sub-Inspector, Sahab Singh Head Constable etc. was present on V.I.P. duty in Government Vehicle No. HNH 3876 at T point near Madhuban Park Hisar at about 6.00 P.M. and he received secret information and consequently immediate raid was conducted at the place pointed out by secret informer and the accused was apprehended. The appellant was informed of his right to be searched before some Gazetted Officer or Magistrate and notice under section 50 of the N.D.P.S. Act was given but the accused expressed his desire to be searched in the presence of some Gazetted Officer and consequently he was being taken to the Illaqa Magistrate but on the way Shri Inder Datt DSP came across the police party and he was told about these facts and then on the direction of Shri Inder Datt, DSP search was conducted in his presence. From one pocket of the shirt of the accused, opium wrapped in a glazed paper was recovered and on weighment the same was found to be 125 grams. 25 grams was taken out as sample. The sample and the remaining bulk were sealed in separate parcels and from the right pocket of the shirt, 175 grams of charas was recovered. 25 grams was taken as a sample. The sample and remaining bulk of the charas were sealed with the seal bearing inscription OPT. DSP Inder Datt also put his own seal. The case property was deposited with MHC. The accused could not produce any permit or licence for the possession of opium and charas. Ruqa was sent to the Police Station for registration of the case on the basis of which formal F.I.R. was registered. The samples of the opium and charas were sent to the office of the Chemical Examiner who vide report Ex.PF declared the samples to be of opium and charas. On completion of the investigation of the case, appellant was challaned under sections 18 and 20 of the N.D.P.S. Act in the court of Area Magistrate who supplied copies of the documents to the accused and vide commitment order dated 3.1.1995 committed the accused to the court of Sessions and vide orders dated 10.2.1995 the appellant was charge-sheeted under sections 18 and 20 of the N.D.P.S. Act to which he pleaded not guilty and claimed a trial.

(3.) ON closure of the prosecution evidence, the statement of the accused was recorded under section 313 Cr.P.C. and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. Accused denied those circumstances and stated as follows :-