Case: State Of Haryana Vs. Suresh

Background facts in a nutshell are as follows.The case of the prosecution is that on 01.04.1987, the patrolling party consisting of the sub-inspector and two assistant sub-inspectors and four constables were present at Rohtak. At about 5.10 a.m. a bus of Haryana Roadways came from Delhi and the same was stopped by patrolling party. The accused-respondent, Suresh was also one of the passengers travelling in the bus with an attachi-case. The Sub-Inspector of Police searched the attache case by taking the same from the hands of the accused. When the attachi case was searched, a false bottom made of ply-wood was broken and below it there was a plastic bag containing opium and the same was recovered by the police. Out of it 10 grams of opium was separated as sample and parcels of the same and the remaining bulk were prepared and were sealed with seal bearing inscription RK and a ruqa was sent to the police station for registration of the case and on the basis of the same, investigation was taken up and after completion of the investigation a charge-sheet wasorder to prove the guilt of the accused, the prosecution examined fiveclosure of the evidence of the prosecution, the accused was examined under Section 313 of the Code of Criminal Procedure, 1973 (in short the Code), and in defence the accused did not examine any witnesses though he pleaded innocence and falseconsideration of the evidence on record, learned Additional Sessions Judge convicted the accused for the offence under Section 18 of the Act and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years. Accused filed an appeal before the High Court which as noted above was allowed and conviction was set aside.

Reasoning: ts were highlighted in State of H.P. v. Pawan Kumar (2005 (4) SCCview of the aforesaid judgment by a three Judge Bench of this Court, the acquittal, as directed by the High Court, is clearly unsustainable. However, we find that other points were urged in support of the appeal before the High Court, but the High Court allowed the appeal filed by the accused only on the ground of non-compliance of Section 50 of the Act. It did not examine the other grounds of challenge.