STATE OF HARYANA Vs. SURINDER KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated April 6, 1988, passed by the Additional Sessions Judge, Hisar, by which Surinder Kumar, accused-respondent (hereinafter called 'the accused') was acquitted of the charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).

(2.) The prosecution case, briefly stated, is as under. -

(3.) On August 29, 1986, A.S.I. Kanhaya Lal along with other police officials was present on Talaki Gate, Hisar for patrolling S.S. Jaimal Singh met the policy party. When the police party was talking with S.I. Jaimal Singh, a secret information was received against the accused about his stay in Shanti Devi Dharamshala, Hisar, with a 'Jhola' of opium. On this, S.I. Kanahaya Lal sent ruqa, Ex. PB, to the Police Station City, Hisar on the basis of which formal F.I.R., Ex. PB/1, was recorded by Inspector Rajeshwar Lal. The police party went to Shanti Devi Dharamshala. On enquiry from Om Parkash, Manager of the said Dharamshala, he told that one passenger by the name of Surinder Kumar was staying in the Dharamshala. The police party thereafter went to the accused and on his personal search recovered a VIP bag which was lying near his pillow. I was opened and checked. It contained one shirt, one banian and one Paijama, besides opium wrapped in a polythene paper 100 grams of opium was taken out as a sample and sealed and the remaining quantity was found to be 1150 grams. It was also sealed in a tin. The seal after use was given to S.I. Jaimal Singh. Both the sealed parcels along with the VIP bag, Ex. P.3, Shirt, Ex. P4, Paijama, Ex. P5, banian, Ex. P. 6, were taken into possession vide memo, Ex. PA. On receipt or report, Ex. PE, from the Chemical Examiner, the prosecution against the accused was launched.