A.S. Nehra, J. - (1.)This appeal is directed against the judgement dated Aug. 9, 1991 passed by Additional Sessions Judge, Sirsa by which Devta Ram, respondent, has been acquitted under Sec. 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).
(2.)The brief facts of the prosecution case are that on 11.4.1990, Assistant Sub Inspector Ishwar Singh accompanied by Head Constable Hoshiar Singh and Constables Shashi Kant and Dhan Singh was present on patrol and crime checking at bus stand, Raipuria, Phuga Ram, chowkidar of the village met them there and thereafter a secret information was received that Devta Ram and Kamail Singh residents of Rupa was who used to bring opium in heavy quantity from Rajasthan were sitting under kikkar trees at a distance of 1 K.M. towards Rupa was from the bridge of Bamvvali cane and in ease raid was conducted, heavy quantity of opium was likely to recovered from term. Assistant Sub Inspector Ishwar Singh considered the secret information to be very reliable and he without sending any information to the Police Station, proceeded to the spot with Chowkidar Phuga Ram and spotted Karnail Singh and Devta Ram sitting there with a bag in between them. In seeing the police party, Karnail Singh managed to run away from the spot but accused Devta Ram was apprehended. Notice, Ex. PC, under Sec. 50 of the Act was given to accused Devta Ram and he was asked whether he wanted to give search of the bag in the presence of some Gazetted officer or a Magistrate but he declined the officer and instead agreed to get the bag searched by the Assistant Sub Inspector. According, on search of the bag, Ex. P. 1, by A.S.I. Ishwar Singh, it was found to contain opium. Then, fifty grams of the article was separated as sample and the remaining bulk was found to be weighing 3 kgs. The sample parcel and the remaining bulk were sealed with the seal IS and the seal after use was handed over to Phuga Ram, Chowkidar. The sample and the ease property were taken into possession vide memo. Ex. PD attested by Phuga Ram and Head Constable Hoshiar Singh. Thereafter Rule, Ex.PE, was sent to the Police Station; on the basis of which S.I. Balbir Singh recorded the formal First Information Report Ex. PR/1. On return to the Police Station, ASI Ishwar Singh handed over the case property and sample to S.I./S.H.O Balbir Singh who put his seal thereon and deposited the same with Moharrir Head Constable. Accused Devta Ram and witnesses were also produced before him and after making enquiries from them the accused was sent to look up. Subsequently, the sample was sent to the Chemical Examiner, Forensic Science Laboratory, Haryana, Madhuban for analysis, who vide his report Ex. PG reported the contents of the sample to be opium. On completion of the investigation of the ease, the challan was put up in the Court.
(3.)To Prove its ease, prosecution examined PW-1 Head Constable Hoshiar Singh, PW-2 Ishwar Singh, ASI and PW3 Balbir Singh, S.I. Affidavits Ex. PA and PB of MHC Maan Singh and constable Subhash Chander respectively were also tendered in evidence. Phugc Ram, Chowkidar was given up as having been won over by the accused.