GURBAX SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Aggreived by the judgment and Order dated 8th December, 1995 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 449-SB of 1986 confirming the judgment and Order passed by the Additional Sessions Judge, Karnal dated 6-5-1986 convicting the appellant for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") and sentencing him to suffer rigorous imprisonment for 10 years and a fine of Rs. One lac, in default of payment of fine further rigorous imprisonment for 5 years, the appellant has preferred this appeal.

(2.) The accused was charged under Section 15 of the N.D.P.S. Act. For proving the same, prosecution has examined PW-2 Ishwar Singh, SI who on 12th January 1986 at about 5.25 p.m. was present on platform No. 1 of Railway Station, Karnal for checking smuggling and other anti-social elements. At about 5.25 p.m. Kalka passenger train arrived at Karnal from the side of Panipat and halted at platform No. 1. It is his say that when he was checking a second class compartment, the appellant who was sitting in the compartment became panicky and left the train from the door towards the side of engine carrying a katta (gunny bag) on his left shoulder. On suspicion, he was nabbed in presence of witness and it was found that he was carrying poppy straw weighing 7 k.g. in a polythene bag of white colour. After separating 100 gms by way of sample, sample and the residue were separately sealed in two separate parcels in presence of witness. The seal which was affixed on parcels was handed over to the witness (PW-1) Harbans Lal. He has stated that the case property was deposited with MHC on the same day. He has also stated that on the personal search of the accused, second class railway ticket was recovered. In cross-examination, it is his say that he intercepted the accused outside the compartment of platform No. 1. At that time, Harbans Lal was present at the railway station to see off his relatives. He offered himself to become witness to the recovery. He has also deposed that seal used for sealing the case property remained with Harbans Lal for ten days. It is his say that he had fixed only one seal made of brass bearing I.S. on the gunny bag and also on the sample. He admitted that seal of the police station is different from the seal of the Investigating Officer and he has not affixed the seal of police station on the case property as also on the sample at the time of delivery to M.H.C. He has also admitted that he was not maintaining any record of information sent to Circle Inspector of the Police Headquarter, G.R.P. It is his say that he had telephonically informed his superior officer about the seizure and its quantity. He has denied the suggestion that accused who was a riskshaw puller was falsely implicated in the case. He has also denied the suggestion that accused asked to be searched in presence of Magistrate or other superior officer.

(3.) Prosecution has also examined P.W. 1 Harbans Lal a panch witness. It is his say that on the date of incident he was at the railway station to see off his sister and brother in law. At that time, he noticed the accused alighting from the train on seeing the police. Therefore, accused was nabbed by the police in his presence. The police found that the accused was carrying poppy straw placed in polythene bag which on weighment was found to be 7 k.g. The police took sample of 100 grams. The recovery memo was prepared in his presence which he had attested. In cross-examination, he has stated that before searching the contents of gunny bag, the police had not offered itself for search to the accused. It is his say that seal affixed on the case property was made of wood (as against the say of the Investigating Officer that it was a brass seal). The seal was kept with him for 10 days. He has also admitted that he had appeared as a prosecution witness in one excise case and that he was having business of sale of tea near Tonga Stand outside the railway station for the last 15 years. It is his say that he had not earlier seen the ground poppy husk and the police had informed him that the substance recovered from the accused was ground poppy husk.