BAGGAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 4.7.2005 and order of sentence dated 6.7.2005 passed by learned Additional Sessions Judge, Sirsa vide which accused Baggar Singh was convicted for an offence under Section 15 of Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.25,000/- and in default thereof, to further undergo rigorous imprisonment for a period of one year.

(2.) The accused-convict - Baggar Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the facts of the case as per the prosecution story are that on 27.6.2002, a police party from Police Station Badagudha, District Sirsa headed by SI Ramesh Kumar (hereinafter referred to as the Investigating Officer/I.O.), SHO of the said police station travelling in an official vehicle was on patrol and crime detection duty and when such vehicle carrying the police party reached at bridge on metaled road in the area of village Daulatpur Khera, accused Baggar Singh was spotted coming from village Lakrawali side on a bicycle with a gunny bag placed on its carrier; on seeing the police party, he stopped the bicycle and tried to escape; he was apprehended on the basis of suspicion; his identity was verified; the Investigating Officer suspected some contraband in the gunny bag placed on the carrier of bicycle of accused, as such he served notice under Section 50 of the Act upon the accused apprising him of his right of search before a gazetted officer or a Magistrate; the accused however reposed faith in the Investigating Officer; thereafter the Investigating Officer opened the gunny bag and found that it was containing poppy straw; he took out two samples of 100 gms. each therefrom and weighed the residue, which came out to 40 kgs. 800 gms.; the sample and residue were converted into parcels, sealed with the seal of Investigating Officer having inscription 'RK'; such articles were taken into police possession; the bicycle of accused make Atlas was also seized; the Investigating Officer handed over his seal after use to ASI Jagdish Chander; he had prepared a ruqa and sent the same to police station Badugudha through Constable Jaideep, on the basis of which formal FIR No.58 dated 27.6.2002 for the offence under Section 15 of the Act was registered by MHC Ramesh Kumar; the Investigating Officer prepared rough site plan of the place of recovery and recorded statements of witnesses; he prepared a report under Section 57 of the Act; on return to the police station, the accused was put in the lock up, whereas the case property was entrusted to MHC of the said police station; report under Section 57 of the Act was sent to DSP, Headquarter, Sirsa. Sample parcel was sent to Director, FSL, Madhuban.