KAARAKA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been preferred against the conviction and sentence of the appellant under Section 5 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). The appellant has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac and in default of payment of fine, to further undergo rigorous imprisonment for two years.

(2.) THE case of the prosecution is that on 30.3.1998, ASI Babu Ram along with HC Ram Pal and other police officials was proceedings towards village Mayond Kalan for patrol duty and at the bus stand, a secret information was received that huge quantity of poppy husk could be recovered from the possession of the accused. Jagiro, Sarpanch of the village, was joined in the raiding party and on raid, the accused was found sitting on a cot in the court-yard of his house. Notice Ex.PF was served upon the accused to the effect that he could opt for being searched before a Gazetted Officer or a Magistrate and in rely thereto, he made a statement that he wanted to be searched before a Gazetted Officer or a Magistrate. Accordingly, DSP Randhir Singh was called at the spot and in his presence, search of the house was conducted and six bags of poppy husk were recovered from the South Western wall of the verandah of his house lying in a bunker pit. Sample of 200 grams was separated from each bag and the residue, on weighment, was found to be 35 kgs. each. The sample parcels and the residue were sealed with seal 'RS' of DSP Randhir Singh and 'BR' of ASI Babu Ram and were taken into possession and seal after use was handed over to HC Ram Pal by ASI Babu Ram, while DSP Randhir Singh retained his seal. Rukka Ex.PJ was sent to the police station, on the basis of the which the FIR Ex. PJ/1 was recorded. Site plan Ex.PK was prepared. The accused was arrested and the case property was deposited with the MHC.

(3.) IN his statement under Section 313 Cr.P.C., the accused denied the case of the prosecution and stated that he was falsely implicated.