DOGAR ALIAS HANS RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Dogar @ Hans Raj, preferred this appeal to impugned the judgment of conviction and order of sentence dated 4.1.2001, passed by the Additional Sessions Judge, Sirsa, arising out of FIR No. 236 dated 7.6.1998, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as "the Act") at Police Station Kaianwali. By the said judgment the Appellant was convicted and sentenced to undergo Rigorous Imprisonment for a period of nine months and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo Rigorous Imprisonment for a period of three months,

(2.) Prosecution story, in brief, is that on 7.6.1998, the police party headed by ASI Bharat Singh, was holding Nakabandi on the bridge of canal in the area of village Aseer. Then sighted the accused on the bridge while carrying a bag on his head. On seeing the police party the accused tried to retreat. On suspicion accused was apprehended. The Investigating Officer, suspected contraband material in the plastic bag. On enquiry the accused disclosed his name as Dogar @ Hans Raj. Notice under Section 50 of the Act, was served upon the accused. Offer was given to the accused as to whether he wants to be searched before any Magistrate or any Gazetted Officer.

(3.) The accused had reposed faith in the police party and agreed to be searched by the Investigating Officer. On search of the bag the same was found to be containing poppy husk. Two samples each weighing 250 gms were separated and the remaining poppy husk on weighment was found to be 14.5 Kgs. Two samples and the remaining poppy husk in the same plastic bag were separately sealed by the Investigating Officer with the seal bearing impression "KC".