CHANNA RAM @ MAIYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been preferred against the conviction and sentence of the appellant under Section 15 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 one year for keeping in his possession eighty and half Kgs. of poppy husk without any permit.

(2.) THE case of the prosecution is that on 28.4.1997. ASI Ajaib Singh along with HC Prem Singh and other police officials was present at T-point on the road leading to village Lalpura for patrol duty. One Fajal Ram met him and they started talking with each other. After some time, the accused was seen coming from the side of village Lalpura. He was catching the string of a mare and two bags were loaded on the mare. On seeing the police party, the accused took a turn and started walking briskly along with the mare. On suspicion, he was apprehended. ASI Ajaib Singh told him that he could opt for being searched before a Gazetted Officer or a Magistrate. Notice under Section 50 of the Act was served on him and in reply thereto, he made a statement that he wanted to be searched before a Magistrate. Accordingly, Shri Ram Kumar, Naib Tehsildar, Guhla was called at the spot and under his directions, the search of the bags was taken and poppy husk was found contained in the bags. Sample of 250 grams was separated from each bag and the residue, on weighment was found to be 40 Kgs in each bag. The sample parcels and the residue were sealed separately and were taken into possession. Rukka Ex.PG was sent to the police station, on the basis of which the FIR Ex.PG/1 was recorded. Site plan Ex.PH was prepared. On return to the police station, the accused, the witnesses and the case property were produced before SHO Swaran Singh Inspector, who verified the investigation and affixed his own seal on the case property. 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 on 27.4.1997, he was illegally taken into custody by the CIA staff and on 28.4.1997, he had sent a written message to the higher police officers, which annoyed the police and he was implicated in the false case. In defence, he examined DW-1 Walayati Ram and DW-2 Ram Piara.