RANDHIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been directed by Randhir Singh son of Amar Singh-appellant-convict (hereinafter to be referred as "the appellant"), against the impugned judgment of conviction and order of sentence dated 4.5.1999, vide which, the trial Judge, has convicted and sentenced him to undergo rigorous imprisonment for a period of 10 years, to pay a fine of Rs. 1 lac and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, for the commission of offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act").

(2.) The facts barely needed, culminating in the commencement of, relevant for disposal of present appeal and emanating from the record, as unfolded during the trial, are that on 4.1.1997 at about 10.30 A.M., the police party headed by PW8 ASI Rajender Singh consisted of PW6 HC Bhup Singh, UGC Matadin and Constable Suresh Kumar, was present at the Bus-stand of Jhajjar. One person carrying a bag in his hand alighted from the bus. On the basis of suspicion, he was apprehended. He was told that he might be in possession of some intoxicant substance. PW8 apprised him his statutory right to be searched in the presence of a Gazetted Officer or a Magistrate. As the accused was stated to have reposed his faith in the police party, therefore, his search was conducted. According to the prosecution, in the wake of search, 6 Kgs. of Poppy Husk (choora post) was recovered from his bag, out of which, one sample of 500 grams was taken out. The sample and remaining poppy husk were sealed in separate parcels and were taken into possession vide recovery memo (Ex.PC). The ruqqa (Ex.PE) was sent to the police station for registration of the case. The Investigating Officer recorded the statements of the witnesses and completed all other formalities at the spot. The accused, case property and witnesses were produced before the SHO of the concerned Police Station and after verifying the facts, he put his seal on the parcels. The case property was then deposited with the MHC with seals intact. In due course, the sample was sent to the Forensic Science Laboratory, Haryana, Madhuban for its examination. On receipt of report of Chemical Examiner, the sample was found to be that of Poppy Husk (choora post).

(3.) Levelling a variety of allegations, in all, according to the prosecution that as 6 kgs. of poppy husk was recovered from the possession of the appellant without any permit or licence, therefore, he was liable to be punished under section 15 of the Act. On the basis of aforesaid allegations and in the wake of ruqqa, the present case was registered against the appellant vide FIR No. 4 dated 4.1.1997, on accusation of having committed the offence punishable under section 15 of the Act by the police of Police Station Jhajjar, in the manner indicated here-in-above.