GURDEV KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgments dated 6-6-2000 and 8-6-2000 passed by the Additional Sessions Juge, Fatehabad convicting the appellant-accused, Gurdev Kaur, under S. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing her to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1,00,000.00. In default of payment of fine, the accused was directed to undergo further rigorous imprisonment for a period of one year.

(2.) On 21-3-1998, Assistant Sub Inspector Anup Singh along with Constables Om Parkash, Dharampal and Dalip Singh was present at the bus stand, Ratia in connection with patrolling and detection of crime. He received a secret information that Gurdev Kaur daughter of Makhtiar Singh resident of village Ladhuwas had alighted from the bus which had arrived from Fatehabad and was sitting on the Bench waiting for boarding a bus to Village Ladhuwas. The informer also conveyed to him that she was in the business of sale of opium and it was possible that she might have come from Rajasthan carrying opium. Finding this information to be reliable, he secured the presence of Shri Dharambir Mittal, Executive Magistrate and in his presence apprehended the accused. The Investigating Officer informed the accused that he had apprehension that the bag which she was holding contained narcotic or contraband articles and for that reason search has to be conducted. A notice Ex. PC in this regard was served upon her wherein she was also informed that Shri Dharambir Mittal, Tehsildar, Ratia, Executive Magistrate, was also present and in case she had any objection she should state the same before him. In reply she informed the Investigating Officer that she had confidence in him and he could carry out the search. Thereafter, search of the bag was conducted which was found containing opium, 10 Grams opium was separated as sample and the remaining opium when weighed was found to be 980 Grams. The sample opium was put in an empty match box and the residue opium was but in a plastic bag and thereafter it was sealed by the seal of AS and the seal was handed over to Shri Dharambir Mittal. Seizure memo Ex. PD was prepared which was attested by the witnesses. Ruqa Ex. PE was transmitted to the Police Station, Ratia on the basis of which FIR Ex. PE/1 was recorded by Assistant Sub Inspector Ghisa Ram, S.H.O. of Police Station, Ratia. The Investigating Officer prepared the rough site plan of the recovery Ex. PF. On return to the police station, the sample and the residue opium along with the accused and witnesses were produced before the S.H.O., Police Station, Ratia, upon which ASI Ghisa Ram, after verifying the investigation, affixed his own seal as GR on the sample as well as on residue opium. Thereafter, on the direction of the SHO, the case property was deposited with Balwinder Singh, Moharrir Head Constable Balwinder Singh of the Police Station. The Investigating Officer also prepared the report under Ss. 55 and 57 of the Act Exs. PH and PK respectively. On analysis of the sample, the Forensic Science Laboratory, Madhuban in its report Ex. PM found the sample to be opium. Thereafter, the accused was sent to trial which led to her conviction and sentence as stated above.

(3.) To link the accused with the crime, the prosecution examined as many as six witnesses. Sub Inspector R. N. Rathee (PW-1) had proved the report submitted under S. 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') on 26-9-1998. Head Constable Balwinder Singh (PW-2) testified with regard to the entrustment of the sample of the opium along with seal of AS and GR on the sample which was deposited with him on 21-3-1998 and subsequent entrustment of the said sample to Constable Roshan Lal on 25-3-1998 for its delivery in the office of Forensic Science Laboratory, Madhuban as per certificate No. 359. He proved his affidavit Ex. PA in this regard. Constable Roshan Lal (PW-3) testified about the entrustment of the sample given to him by Head Constable Balwinder Singh on 25-3-1998 in the office of Forensic Science Laboratory, Madhuban. He also tendered his affidavit Ex. PB in support of his statement. Assistant Sub Inspector Ghaisa Ram (PW-6) maintained that on 21-3-1998, while he was posted as SHO, Ratia, Anup Singh, ASI had produced the accused, the witnesses and case property in the Police Station, Ratia. He had verified the investigation of this case and affixed his own seal GR on the sample as well as on residue opium and thereafter at his instance the case property was deposited with the Moharrir Head Constable of the Police Station, Ratio. He also proved his endorsement on report Ex. PH/1 prepared by ASI Anup Singh which was sent to DSP and thereafter he had sent the report Ex. PK to Shri Charanjit Singh, DSP, Fatehabad. The recovery of 990 Grams opium made from the bag carried by the accused at Bus Stand, Ratia on 21-3-1998 stands corroborated by Shri Dharambir Mittal, Tehsildar (PW-4) and ASI Anup Singh (PW-5).