RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence imposed by the learned Additional Sessions Judge, Sirsa on the accused-appellant in Sessions Case No. 133 of 1987 (Sessions trial No. 83 of 1987) dated 22-2-1989.

(2.) According to the case of the prosecution on 4-7-1986, Sub-Inspector alongwith Head Constable and other police officials was proceeding from Damdama to Bahiyan on patrolling duty. When they reached on the N .G. Canal, the Sub-Inspector received the secret information that the accused was in the habit of dealing in opium. When the police party reached the Dhani of the accused, the accused was seen coming out of his house holding a Doluin his right hand. On seeing the police party, the accused started going back to his house. The Sub-Inspector apprehended him and he was told by the Sub-Inspector whether he wanted (sic) to search him and the search revealed that the accused was, found in possession of 2 Kgs of opium in the Dolu which he was holding in his right hand. The Sub-Inspector took out a sample of 5 gms out of the same and sealed it. Thereafter, he sent a Ruqa to the Police Station for registration of the case. After the completion of the investigation, the accused was charge sheeted for the offence under Section 18 of the Narcotic Dmgs and Psychotropic Substances Act, 1985 (for short the NDPS Act). On committal, the learned Additional Sessions Judge, Sirsa framed a charge against the accused under the said Section.

(3.) In order to prove the guilt of the accused, the prosecution examined four witnesses and marked documents. After the closure of the evidence for the prosecution, the accused was examined under Section 313, Cr. P.C. but the accused denied the commission of the offence. In defence, the accused did not adduce any evidence.