SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICT Surender Singh has filed the instant criminal appeal assailing his conviction and sentence recorded by learned Presiding Officer, Special Court, Bhiwani vide judgment and order dated 11.2.2005, thereby convicting the accused -Appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act) and sentencing him to undergo rigorous imprisonment for ten years and to pay fine of one lac rupees and in default thereof, to undergo further imprisonment for one year.

(2.) PROSECUTION case in brief is that on 24.3.2004, ASI Madan Lal of Police Station Siwani was present along with other police officials on Gurera Road near Railway Crossing, Siwani for nakabandi. A white coloured car bearing No. DL3CD -1693 was seen coming from the side of village Gurera. On seeing the police party, the car driver stopped the car at some distance. A person sitting beside the seat of the driver alighted from the car and fled away. On suspicion police party tried to apprehend the car, but the car driver tried to flee away and in the process the car hit a kikar tree on the road side. Car driver was apprehended. He disclosed his name as Surender Singh i.e. accused. Notice was given to the accused that some narcotic drug or psychotropic substance was suspected in the car and the accused was asked if he wanted to be searched in the presence of gazetted officer or Magistrate. The accused replied that he wanted search in the presence of gazetted officer. Accordingly, VT message was given to Deputy Superintendent of Police, Siwani (Om Parkash Yadav) who accordingly reached the spot. Under his direction car was searched and four bags containing poppy husk were found in its dicky. Out of each bag, 2 samples weighing 250 grams each were taken out and remaining poppy husk in each bag weighed 39 kilograms 500 graMs. The samples and the bags were sealed with seals of ASI Madan Lal and DSP Om Parkash Yadav. Case property including car was seized by the police. Ruqa was sent to Police Station, Siwani where on its basis FIR was registered. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. Accused was arrested. Accused along with witnesses and case property was produced before ASI/SHO, Jagdish Singh who verified the case and affixed his own seal on the parcels. On completion of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short, Code of Criminal Procedure) for prosecution of the accused under Section 15 of the Act.

(3.) TO bring home charge against the accused, the prosecution examined seven witnesses.