HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.5.2005 passed by the learned Additional Sessions Judge, Hisar, vide which the accused-appellant Hans Raj (herein referred as "the accused") was tried, convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac under Section 15 of the Narcotic Drugs & Psychotropic Substances Act (herein referred as 'the Act') for keeping in his possession five bags of poppy husk without any licence or permit.

(2.) In nutshell, the prosecution case is that on 22.10.2003, Jai Kishan Inspector along with other police officials was going from village Arya Nagar to Balasmand in a Government vehicle bearing registration No. HR 20E-4390 and when they reached near T-Point at Rawalwas Kalan, they came across another police party headed by ASI Balbir Singh. They held a picket and in the meantime, the accused came while driving esteem car bearing registration No. DL-2CD-4353 from the side of Balasmand. The accused tried to flee away and did not stop the car despite he was signalled to stop. However, when he was chased up to some distance, the accused after alighting from the car started running. He was apprehended by the police party. On asking the accused, he disclosed his identity. On giving option of search through notice if wanted to get himself searched by any Gazetted Officer or a Magistrate, he showed his willingness to be searched by a Gazetted Officer, then on receipt of a wireless message, DSP Mann Singh reached the spot in his Government vehicle with his staff. Investigating Officer apprised him about the facts of the case, then on the asking of the DSP Mann Singh, the car was searched by the Investigating Officer. On search, 5 bags of poppy husk, each containing 39.600 kgs were recovered, out of which 200 grams each was separated as sample. The samples so drawn were converted into parcels and thereafter, parcels were sealed with the seal bearing impression "JK". DSP Mann Singh also affixed his seal bearing impression "MS". Thereafter samples, bags, sample seals and esteem car were taken into possession vide memo Ex.PG. Ruqa was sent to the police station on the basis of which FIR was registered. Statements of the witnesses were recorded, site plan was prepared and completion of the investigation was followed by presentation of the report under Section 173 Cr.P.C.

(3.) Charge under Section 15 of the Act was framed against the accused to which he pleaded not guilty and claimed trial.