KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Recovery of 8 bags of poppy husk weighing about 41 kgs from the pos-session of canter being driven by appellant Karan Singh is attributed to the present appellant. which led to his trial, conviction and sentence of 10 years rigorous imprisonment coupled with a fine of Rs.10 lac for having committed an of-fence punishable under Section 15 of the Nar-cotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"). Aggrieved against this conviction and award of sentence, appel-lant has filed the present appeal.

(2.) On 11.04.1996 Sub-Inspector Het Ram along with AS1 Kulwant Singh, Head Constable Bhim Singh, Head Constable Hans Raj and Suresh Kumar was present near Tirlokewala Chowk' near village Khatrawan on his official jeep. In the meantime, canter bearing Registra-tion No. DL-1LB-6118 was seen coming from the side of village Khatrawan. After having seen the police party holding a Nakabandi, the can-ter stopped by the side of the road at a distance and tried to turn the same. On suspicion the driver of the Canter was apprehended who dis-closed his name thereafter as Karan Singh. Th? person who was sitting with the driver disclosed his name Biru Ram and the third person who was sitting on the rear portion of the canter dis-closed his name Bakhshish Singh. The Investi-gating Officer served separate notices under Section 50 of the Act upon the accused respec-tively to the effect that he suspects that canter contained chura post and if they so desire a Gazetted Officer or a Magistrate can be sum-moned. The accused vide their replies desired that a gazetted officer may be summoned for conducting search of the canter. All the three accused put their respective thumb impressions on the notice and their replies were attested by AS1 Kulwant Singh and Head Constable Bhim Singh. Thereafter a VT message was flashed in the Police Station Kalanwali for arranging a gazetted officer and sending him at the spot. From the Police Station a wireless message was flashed to Hukam Singh DSP who thereafter. reached the spot. The Investigating Officer searched the canter as per the instructions of the DSP. The canter was found\ containing 8 bags of chura post covered with 'Tarpaulin' 100 grams of poppy husk was separated from each of the bag as sample and the residue on mea-surement was found to be 40 kgs 900 grams each including bag. The samples as well as the residue bags were sealed separately with the seal bearing impression 'HS' and were taken into possession vide separate recovery memo Ex. PD. The Deputy Superintendent of Police also affixed his two seals bearing impressions 'HR' on the samples as well as the residue parcels. The seal 'HR' after use was handed over to ASI Kulwant Singh whereas DSP retained his seal with him the Investigating Officer thereafter sent a ruqa Ex. PE to the police station whereupon a formal FIR Ex. PE1 was registered against the accused. Het Ram, the Investigating Officer, prepared rough site plan of the place of occur-rence with marginal notes upon them. After com-ing back to the police station, the case property and the canter were deposited with the MHC with its seai intact. After completion of neces-sary formalities, accused were challenged and sent up for trial.

(3.) After the conclusion of the trial, accused Karan Singh and Bakshish Singh were con-victed. After the passing of the conviction order, Bakshish Singh met his edge of doom and proceedings against him were ordered to be abated vide separate order of even date.