SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed against judgment of conviction dated 19.4.2005 and order of sentence dated 22.4.2005 passed by learned Special Judge, Rewari, whereby it convicted the Appellant-accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'NDPS Act') and sentenced him to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 10,000/-and in default of payment of fine to further undergo simple imprisonment for a period of six months.

(2.) Briefly stated, the case of prosecution is that on 12.8.2004, Parkash Chand, ASI alongwith Head Constable Gyarasi Lal No. 386, Constable Kanwar Pal No. 819, Constable Rajinder Singh No. 400 was on patrol duty in Government Gypsy No. HR-47A/0851 being driven by Randhir Singh, Constable No. 125. When they reached near village Aodi, a person was found standing near the road alongwith a plastic bag in his right hand. After seeing the police party he tried to run towards khadda (ditches) alongwith the plastic bag. On suspicion, he was over-powered by the ASI with the help of other police officials. On enquiry, the said person told his name as Surender son of Bal Chand Swami, resident of Jijoth, District Nago, Rajasthan. The Assistant Sub Inspector told him that he is having suspicion that he is carrying some intoxicating substance in his bag and hence, he served notice under Section 50 of the NDPS Act on the accused in this regard and gave him offer to be searched either before a Magistrate or a gazetted Officer and however, he consented to be searched before a gazetted Officer.

(3.) The Assistant Sub Inspector called the Deputy Superintendent of Police, Head Quarter, Rewari, who was nearby. He reached the place of recovery after sometime and on his instructions katta, i.e., plastic bag, carried by the accused was checked in his presence and it was found that the same was containing poppy straw (chura post). Two samples weighing 250 gms each were separated from the said bag and the remaining bulk was found weighing 19kg 500 gms. Both the samples were put in separate parcels. Both the sample parcels and the plastic bag containing remaining bulk of poppy straw were sealed with the seals of PC of the ASI and JP of the DSP. The DSP kept his seal with him, whereas the seal of the ASI was handed over to Gyarasi Lal, Head Constable.