LALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide impugned judgment and order dated 3/4.8.1998, Additional Sessions Judge-II, Bhiwani convicted the appellant for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo further rigorous imprisonment for two years.

(2.) According to the prosecution, on 25.8.1996 the police party headed by SI Ram Rattan was present near railway crossing, Loharu in connection with usual patrolling duty. The appellant was seen coming from the side of village Ladonda having small gunny bag on his head. On seeing the police party, the appellant immediately turned back and was apprehended on the basis of suspicion. SI Ram Rattan after suspecting some contraband articles in his possession gave notice under Section 50 of the Act and offer was given to the appellant to give his search in the presence of a Gazetted Officer or Magistrate. The appellant opted to be searched in the presence of a Gazetted Officer. Thereafter, the appellant was taken to the office of DSP Subhash Yadav. On the direction of DSP, SI Ram Rattan conducted the search of the gunny bag which led to recovery of 7 kilograms of poppy husk. Out of the recovered poppy husk, 200 grams was separated for the purpose of sample. The remaining poppy husk was put into same gunny bag and was sealed with the seal bearing inscription 'RR'. DSP Subhash Yadav also put his seal on the sample bearing the inscription 'SY'. Sample seal, sample and the remaining poppy husk were taken into possession vide recovery memo. Ex.PC. Ruqa Ex.PG was sent to the Police Station, on the basis of which, FIR Ex.PG/1 was recorded by MHC Hazari Lal. Rough site plan Ex.PH regarding place of recovery was also prepared. The appellant was arrested. Statements of the witnesses were recorded. The case property, sample and sample seal were deposited with the MHC on the same day intact.

(3.) After completion of the investigation and presentation of the challan, the appellant was charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, to which he pleaded not guilty and claimed trial.