BHUP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BHUP Singh-appellant was tried and convicted by the learned Additional Sessions Judge, Bhiwani, on a charge under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ('the Act') for the possession of two kilograms of opium. He was sentenced to undergo ten years' rigorous imprisonment and to pay fine of Rs. 1,00,000/- or in default of payment thereof to further undergo two years' rigorous imprisonment. Being aggrieved against the above-referred conviction and sentence; the appellant has approached this court.

(2.) IN brief, the facts of the prosecution case are that Sub Inspector Pohap Singh, the then Incharge of Police Station Sadar Bhiwani alongwith some other police officials was present in the area of village Bamla during usual patrolling when he received secret information regarding the indulgence of the accused in the sale of opium. In the meanwhile, Sub Inspector Sumer Singh of C.I.A. Staff, Bhiwani, also happened to arrive there. The police party then went to the house of the accused. On seeing the police party, the accused tried to run away from his house. He was apprehended and two kilograms of opium was recovered from his possession. A sample of ten grams was separated and sealed. The remaining bulk of opium was also put in a sealed parcel. All these articles were taken into possession vide memo (Exhibit P.D.). Rough site plan (Exhibit P.F.) of the spot was also prepared. A case under Section 18 of the Act was got registered against the accused through ruqa (Exhibit P.E.). The sample of opium was sent to the Chemical Examiner, who vide his report (Exhibit P.C.) confirmed it to be of opium due to the presence of morphine and meconic acid therein.

(3.) BEFORE the trial Court in order to prove its above-referred case, the prosecution examined Sub Inspector Sumer Singh (P.W. 1) and Sub Inspector Pohap Singh (P.W. 2) as witnesses to the actual recovery while formal evidence of Constable Prem Singh and Moharrir Head Constable Om Parkash was tendered on affidavits, Exhibits P.A. and P.B. respectively, as these witnesses were not required by the defence for cross-examination purposes.