DARSHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by Darshan Singh son of Gulab Singh. The challenge in the appeal is to the impugned judgment dated 16th January, 2002, whereby the appellant was held guilty of an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act'), as he was found in possession of 113 kilograms 250 grams of poppy husk without any permit or licence. Vide a separate order dated 17th January, 2002, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lac, in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) The appellant was named as an accused in case FIR No. 112 dated 11.12.1999 registered at Police Station Babain under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) SI Dharam Singh PW-8 on 11th December, 1999 at about 3.15 p.m. had sent a ruqa Ex.PD from the Kotha tubewell installed in the land of Sarwan in the area of village Babain. It was stated in the ruqa that SI Dharam Singh PW-8 along with his companion police officials was present at Sunaria Chowk, Babain in connection with detection of crime, where ASI Satpal Singh along with HC Pritam Singh came from the side of Kurukshetra and they were talking to each other. At that time, a special informant came and gave a secret information that one Darshan Singh son of Gulab Singh, resident of Ward No. 3, Khatri Mohalla, Babain was habitual of consuming and selling poppy husk and he had taken the land of Sarwan Singh son of Prem on lease. It was further informed that there was a Kotha tube-well in the land, from where Darshan Singh was selling the poppy husk and in case raid was conducted, Darshan Singh could be apprehended at the Kotha tube-well along with poppy husk. Considering the information to be reliable, SI Dharam Singh had reduced the same into writing and proceeded to the spot to conduct raid. When he reached at the spot, he found one person sitting in the Kotha tube-well and that person was apprehended, who disclosed his name as Darshan Singh son of Gulab Singh. At that time, he was stitching a plastic bag with a rope. A notice under Section 50 of the Act was served upon Darshan Singh giving him an option to get himself searched in the presence of a Gazetted Officer or a Magistrate. A memo to this effect was also prepared at the spot. Darshan Singh opted to get himself searched in the presence of any Magistrate or a Gazetted Officer. The memo prepared to this effect was Ex.PG/1. An information was sent to the Police Station and in pursuance thereof, DSP Sahab Ram Nehra PW-6 accompanied by his gunman arrived at the spot. Then on the directions of the DSP, the search was conducted and four plastic bags and one gunny bag, which were lying inside the Kotha tube-well, were recovered. The plastic bags contained 18 kilograms of poppy husk each and the gunny bag contained 40 kilograms of poppy husk. In this manner, 113.250 kilograms of poppy husk was recovered from the Kotha tube-well, which was allegedly in possession of Darshan Singh. Five samples of 250 grams each were prepared from all the bags. On receipt of ruqa Ex.PD, formal FIR Ex.PD/1 was registered at the Police Station.