RADHEY SHAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is against the judgment and order dated 4/8.12.1999 passed by the Judge, Special Court, Karnal, whereby in case FIR No. 291 dated 6.12.1998 at Police Station GRP Karnal under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, the accused Appellant Radhey Sham has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo R.I. for 2 years.

(2.) In brief, the facts of the case are that on 6.12.1998, a police party headed by ASI Shiv Kumar was present on Platform No. 2 and 3 at Railway Station, Karnal, in connection with patrol duty and checking when a train, namely, Dadar Express, came from the side of Panipat and halted at platform No. 3. The police party boarded a second class compartment in the said train. On seeing the police party, accused Radhey Sham alighted from the front door of the compartment, along with two big bags and started moving ahead. On suspicion, the police party apprehended him. At that time, one Hakumat Rai was also with the police party. Accused was told that since there was suspicion regarding some intoxicating substance in the said bags, a search was required to be conducted and for this, he was given an option as to whether he wanted the search to be conducted in the presence of a Magistrate or gazetted officer, to which he opted to be searched in the presence of the Investigating Officer. On search of the said two bags, the same were found to contain poppy straw. On weighment, poppy straw in first bag was 12 kgs while the second bag was having 11 kgs 100 grams. Therefrom, a sample of 100 gram each of poppy straw was taken out from both the bags. The samples as well as remaining poppy straw were converted into parcels after being sealed with seal 'SK' and thereafter, the case property was taken into police possession. On the basis thereof, the present case came to be registered against the accused and he was accordingly arrested. On completion of investigation and certain formalities, the accused was challaned under Section 15 of the Act ibid where after charge under the said Section was framed by the trial Court to which he pleaded not guilty and claimed trial.

(3.) In order to prove its case, the prosecution examined P.W. 1 SI Gurdeep Singh, P.W. 2 HC. Ram Murti, P.W. 3 SI Jeet Kumar, P.W. 4 ASI Mangal Singh, P.W. 5 Constable Ram Kumar, P.W. 6 Hakumat Rai and P.W. 7 ASI Shiv Kumar, Investigating Officer, and after tendering into evidence the report Exhibit PK of the Forensic Science Laboratory, Madhuban (Karnal), closed its evidence.