- (1.)That the present statutory appeal is directed against the impugned order dated 23.3.2010 whereby the High Court has convicted the appellant by reversing the judgment of the Trial Court, which had acquitted the appellant of the charges under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act').
(2.)As per the case of the prosecution, on 15.9.1992 the appellant was spotted by the police party headed by Sub-Inspector, Mohinder Singh at Bus Stand Ratta Khera. At that time, the appellant was having a plastic bag in his hand. On seeing the police party, appellant had tried to conceal his presence by sitting near the water tank on the pretext of passing urine. The appellant was apprehended on suspicion and notice (Ext. P-A) under Section 50 of the Act was served upon him seeking his consent as to whether he wanted his search to be made in the presence of a Gazetted Officer or a Magistrate. The reply of the appellant to the notice is Ex. P-A/1 whereby he desired that the plastic bag, which he was carrying, be searched in the presence of a Magistrate. Thereupon Chet Ram, Tehsildar (PW-2) was summoned to the place of recovery and in his presence the search of the bag of the appellant was conducted. Opium weighing 5 Kgs. was found in the bag which was in possession of the appellant. After separating a sample weighing 50 grams, the sample and the remaining opium were separately sealed with the seal bearing impression 'MS'., which was entrusted to Khema Ram, Chaukidar, who had joined in the police party from Bus Stand, Ratta, Khera.
(3.)After the trial, the appellant was convicted of the charge under Section 18 of the Act vide judgment dated 08.6.1995 passed by the Trial Court.