PRITHVI RAJ Vs. STATE

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 22nd July, '88, by which, the appellant has been found guilty of offence u/s. 8/15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, "the Act") and sentenced to 10 years' rigorous imprisonment and a fine of Rs. 1,00,000.00; and in default of payment of fine, to further undergo 21/2 years' rigorous imprisonment.

(2.) On 16th Dec., '86, the police party saw the appellant standing near the culvert of Gadhar-Khera. On seeing the police-party, he left the road and started walking towards the pits. A suspicion was raised and the appellant was called back. He had one bag with him; and the police-party found Poppy-Husk in that bag. They weighed the Poppy-Husk and found it to be 7 kgs. and 600 gms. A sample of 250 gms. was separately taken from the said Poppy-Husk and sealed. The appellant was arrested and produced before the SHO, PS - Sadul Shar. On these facts and allegations, the appellant was prosecuted; and the learned Addl. Sessions Judge No. 1, Hanumangarh, found him guilty of the charge and sentenced him as mentioned above.

(3.) The learned counsel for the appellant argued that the prosecution has failed to comply with the provisions of Ss. 42 & 50 of the Act. He argued that the sample was taken from the recovered substance; it was sealed at the spot; and the sealed packet was sent to FSL for examination. But, according to him, the prosecution has failed to produce the specimen of the seal, and also it failed to prove that the seal was of the Officer-in-Charge of the PS - Sadulshahr, and thus, he argued, the provisions of S. 55 of the Act, were not complied with. In support of his argument, he relied on the cases of Biram Vs. State of Rajasthan, 1988 (2) RLR 322 and Gopal Vs. The State, 1988 RCC 417 .