R.C.KATHURIA, J. - (1.) THIS appeal is directed against the judgment dated 5.4.2001 passed by the Additional Sessions Judge, Panipat, convicting the appellant-accused under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-. In default of payment of fine, he was directed to undergo further rigorous imprisonment for a period of two years.
(2.) PUT shortly, the facts of the prosecution case are that on 2.10.1999, Assistant Sub Inspector Varinder Singh along with other members of the police party was present at Bus Stand, Panipat. He noticed the accused coming with a bag in his hand. On seeing the police, he got perplexed and started walking at a fast speed. On suspicion, he was secured. Assistant Sub Inspector Varinder Singh informed him that it was suspected that he was carrying a narcotic substance in the bag. Thereafter, Assistant Sub Inspector Varinder Singh served notice (Exhibit P.D.) upon the accused. He was asked that his search could be conducted in the presence of a Gazetted Officer or a Magistrate. The accused signed the said notice, which was also attested by Constables Sham Lal and Sewa Ram. The accused stated before the Investigating Officer that his search be conducted before a Gazetted Officer. The Investigating Officer then informed Assistant Superintendent of Police Hanif Quareshi and secured his presence at the spot. After his arrival, search of the accused was conducted by the Investigating Officer, which led to the recovery of 1 kilogram and 150 grams of opium. Two samples of 50 grams each were drawn from the opium and these were put in two plastic boxes and the residue opium was put in a container. The plastic boxes containing samples and the container in which the residue opium was kept were sealed with the seal of 'VK' and taken into possession vide seizure memo Exhibit P.B. attested by Assistant Superintendent of Police Hanif Qureshi, Constable Sham Lal and Constable Sewa Ram. The seal after use was handed over to Constable Sham Lal. Ruqa Exhibit P.E was sent to the Police Station on the basis of which formal First Information Report Exhibit P.E/1 was recorded by Assistant Sub Inspector Harnarain. The Investigating Officer prepared rough site plan Exhibit P.F. of the place of recovery. On return to the Police Station, the accused along with the case property was produced before Station House Officer Sub Inspector Rajinder Singh. He verified the investigation and affixed his own seal 'RS' on both the samples and the residue opium. Thereafter, the case property was deposited by Assistant Sub Inspector Varinder Singh with the Moharrir Head Constable of the Police Station. On analysis, the Chemical Examiner in his report Exhibit P.H. found the contents of the sample to be opium. After completion of investigation, report under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') was filed. The accused was charged and tried, which led to his conviction and sentence, as noted above. To link the accused with the crime, the prosecution examined four witnesses. In addition, report of the Chemical Examiner Exhibit P.H. and affidavit of Head Constable Sumer chand Exhibit P.I. were also tendered in evidence. Moharrir Head Constable Naresh Kumar (P.W.2) is a formal witness as he has tendered in evidence his affidavit Exhibit P.C. In his affidavit, he stated that while he was posted as Moharrir Head Constable in Police Station City Panipat, on 2.10.1999, Assistant Sub Inspector Varinder Singh had deposited with him two samples and residue opium, which were sealed with the seals of 'VK/RS'. On 15.10.1999, he handed over one of the samples to Head Constable Sumer Chand for its delivery in the office of Forensic Science Laboratory, Madhuban (for short 'FSL'). Head Constable Sumer Chand, in his affidavit Exhibit P.I., corroborated the contends of the affidavit of Moharrir Head Constable Naresh Kumar Exhibit P.C. He too testified that he had delivered the sample in the office of FSL on 15.10.1999. Inspector Rajinder Singh (P.W.3) has deposed with regard to the production of the accused along with the case property by Assistant Sub Inspector Varinder Singh on 2.10.1999, while he was posted as Station House Officer of Police Station City Panipat. According to him, he had verified the investigation and then affixed his own seal of 'RS' on the samples and the residue opium. After completion of investigation, he had submitted the report under Section 173 of the Code to the Court. The recovery of 1 kilogram and 150 grams of opium from the possession of the accused on 2.10.1999 at Bus Stand, Panipat, has been corroborated by Assistant Superintendent of Police Hanif Quareshi (P.W.1) and Sub Inspector Varinder Singh (P.W.4), who at the time of recovery was posted as Assistant Sub Inspector.
(3.) THE accused, in his statement recorded under Section 313 of the Code, took up the stand of complete denial of allegations against him. He pleaded false implication, but led no evidence in defence.;