Vinod K. Sharma, J. - (1.) THIS appeal is directed against the conviction and sentence awarded to the appellant under Sections 17/18/61/85 of the Narcotic Drugs and Psychotropic Substances Act (for short the 'Act') in case FIR No. 236 dated 15.10.1995 registered at Police Station Sadar Dabwali.
(2.) THE appellant was charged for having in his possession 3 Kgs. of opium without any permit or licence. The case set up by the prosecution was that Sub Inspector Ami Chand alongwith Assistant Sub Inspector Devinder Singh were present for patrolling at Bus Stand of village Rampura Bishnoian on 15th October, 1995 when he met Megh Raj, Ex. Sarpanch. It is the case of the prosecution that they were talking with each other when the accused carrying a bag in his right hand came from the side of Village Abadi and on seeing the police party he returned back and he was apprehended on suspicion. In inquiry the accused disclosed that he was carrying Ghee in the Peepi, but when opened and checked by the Investigating Officer, it was found to contain opium. Notice Ex. PC offering the accused whether he would like to call some Gazetted Officer of a Magistrate for his search, was given, but the said offer was declined by the accused -appellant through Ex. PC/1 on the plea that since the opium had already been recovered, there was no necessity to call any gazetted officer to the spot. The Investigating Officer after arranging the weighing scale and weights took out 20 grams of opium as sample and on weighing the remaining opium it was found to 2 Kg. 980 grams. The sample was put into a small plastic container while the remaining opium was kept in the same Peepi. It was sealed with the seal of 'AC' and taken into possession vide recovery memo Ex. PD. The seal after use was handed over to AS1 Devinder Kumar after retaining the specimen impression of the seal on (sic) piece of cloth. Thereafter ruqa Ex. PE was sent to the Police Station on the basis of which formal FIR Ex. PE/1 was recorded by MHC Rajpal Singh. The rough site plan was prepared and statements of the witnesses were recorded and the accused was arrested. The case property was produced before the SI/SHO Jai Kishan, who after verifying the facts from the witnesses, affixed his seal 'JK' on both the parcels which were thereafter deposited with the MHC alongwith the sheet having sample impressions of seals. After completion of the investigation the accused was challaned.
(3.) THE appellant claimed false implication due to enmity of the Police.;