LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by the learned Additional Sessions Judge, Sirsa in Sessions Case No. 61 of 1988 convicting the accused-appellant for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) ACCORDING to the case of the prosecution, on 24.11.1987, Assistant Sub Inspector of Police alongwith other Constables was present at Chautala Road, near Bishnoi Mandir, Dabwali. The accused was seen coming from the side of Anaj Mandi with a bag. On suspicion, he was apprehended and he was asked whether he wanted to be produced or searched in the presence of a Gazetted Officer or a Magistrate. The offer was declined by the accused and thereafter the Assistant Sub-Inspector conducted the search of the bag which was carried by the accused and bag contained 1100 gms. of opium wrapped in a wax paper. Sample of 50 gms was taken and sealed separately and the rest of the opium was also sealed. The accused was arrested and the case was registered against the accused under the Narcotic Drugs and Psychotropic Substances Act. After completion of the investigation, the chargesheet has been filed against the accused.

(3.) ON a consideration of the evidence on record, the learned Sessions Judge convicted the accused for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs. one lac. Hence this appeal.