- (1.) This present appeal is directed against the judgment dated 17.11.2003, and the order dated 18.11.2003, passed by the Presiding Officer, Special Court, Kurukshetra, vide which the accused-appellant has been convicted for having been found in possession of 450 grams opium, without having any valid permit or licence and sentenced to undergo rigorous imprisonment and to pay a fine as under:-- The facts of this case are taken from para No. 2 of the judgment of the trial Court which are as under:-- On 13.04.1998, ASI Dharambir Singh along with Head Constable Om Parkash, Head Constable Surender Singh and constables Kaptan Singh, Rajbir Singh, Shamsher Singh were going towards Rattangarh on G.T. Road, in government vehicle, in connection with patrolling. When they reached near the vacant land of the Miri Piri Medical College, a person, on seeing the Police Gypsy ran towards the gate of Medical College and he was overpowered by the police party. On enquiry, he disclosed his name as Ramesh Kumar son of Dayal Chand, resident of Rattangarh. Ramesh Kumar was having a polythene of blue colour in his right hand. On having suspicion of some contraband in the polythene, notice under Section 50 of the Act was served upon the accused seeking his option whether he would like the search to be conducted in the presence of a Gazetted Officer, Magistrate or the ASI himself. The accused replied that he wanted the search to be conducted by the ASI himself. In the meantime one Surinder Singh son of Surjit Singh came on scooter from the side of Shahabad and who after apprising the facts of the case was joined in the police party. On search of the polythene opium was recovered wrapped in a white colour another polythene. On weighment, the opium turned out to be 450 grams. 50 grams of opium was separated as sample and separate parcels were prepared and after sealing the same with seal bearing impressions 'DS', were taken into possession vide recovery memo which was signed by the witnesses. The seal after use was handed over to Head Constable Surinder Singh. On the basis of said recovery, Ruqa was sent to police station for registration of case. During investigation, statements of the witnesses were recorded and after apprising the grounds of arrest, accused was arrested. The accused was produced before Mam Chand, SI/SHO on the same day who after verifying the facts affixed his seal bearing impressions MCW on the parcels. On completion of investigation, the challan was presented against the accused in the Court for trial. The documents as relied upon by the prosecution were supplied to the accused as required under Section 207 Cr.P.C.
(2.) Learned Addl. Sessions Judge, after going through the record, framed charge under Section 18 of the N.D.P.S. Act against the accused, to which he pleaded not guilty and claimed trial.
(3.) The prosecution in order to bring home the guilt of the accused examined 9 witnesses namely Manoj Kumar PW1, ASI Hem Chander PW2, Head Constable Om Pal PW3, Head Constable Jagidsh Chand PW4, Constable Rajbir Singh PW5, SI Gulab Singh PW6, Head Constable Surender Singh PW7, ASI Dharambir PW8 and Inspector Mam Chand PW9. Report of FSL Ex. PJ was also tendered. 3A. After closure of the prosecution evidence the accused was examined under Section 313 Cr.P.C. and all the incriminating evidence was put to the accused, to which he denied and pleaded false implication. The accused has stated that on 12.04.1998, he was picked up from his house in connection with excise checking and on the next day this false case was planted upon him. He was called upon to lead evidence in defence and examined Surinder Singh as DW1.;