GURNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment of conviction dated 12.07.2005 vide which the appellant has been convicted under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and the order of sentence dated 13.07.2005 passed by the learned Judge, Special Court, Kapurthala, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3000/-, in default whereof to further undergo simple imprisonment for the period of two months.

(2.) The brief facts of the instant case are to the effect that on 2.7.2003 A.S.I Parma Nand alongwith fellow Police Officials were patrolling in an official vehicle and were present at the bridge at Cheeka-Balbehra road. Meanwhile, the appellant was spotted coming from the side of village Harigarh Kingan and was carrying a plastic bag on his head. On seeing the police party, the appellant tried to turn back and was apprehended at the spot. The identity of the appellant was verified. It was suspected that the appellant was carrying some narcotics substance and as such a notice under section 50 of the Act was served upon him seeking his option to get the search conducted in the presence of a gazetted officer or a Magistrate. The appellant opted to get the search conducted in the presence of a gazetted officer. The appellant alongwith the case property and the witnesses were taken to the office of DSP Dharampal who verified the facts of the case. The search of the bag being carried by the appellant led to the recovery of poppy husk. Two samples weighing 250gms each were separated and the remaining poppy husk weighed 11 kg 500 gm. Separate parcels of both the samples and the bulk were prepared, sealed with the seal bearing impressions 'PN' and 'DPS' and taken into possession vide separate recovery memo.

(3.) Ruqa was recorded and dispatched to the police station, on the basis whereof, FIR was registered. On return to the police station, the appellant alongwith the case property and witnesses were produced before Zile Singh, Sub Inspector who verified the facts of the case and affixed his seal bearing impression 'ZS'.