PRAMOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed challenging the judgment of conviction dated 07.10.2005 whereby the appellant was held guilty for the offence punishable under Section 15 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as "the NDPS Act") for having in his conscious possession 175 kilograms of poppy straw and the order of sentence dated 08.10.2005 passed by learned Additional Sessions Judge, Sirsa, whereby he was awarded the rigorous imprisonment for a period of ten years and to pay fine of Rs.1,00,000.00; in default of payment of fine, to further undergo imprisonment for a period of two years.

(2.) BRIEF facts of the case are that on 28.07.2003 at about 2.00 P.M., ASI Ram Kumar (PW5) along with Head Constable Siri Niwas was present on the T point of bus stop of Sukhera Khera, where HC Sadhu Singh (PW4) and Constable Ashok Kumar, who were available there in a Government jeep driven by Constable Zile Singh, met them and they were also joined in the police party. Thereafter the police party started checking of the vehicles. In the meantime, a Maruti car of white colour wherein two persons were sitting on the front seats, came from the side of village Sangaria, which was signaled to stop by ASI Ram Kumar. However, the car was stopped at a little distance and immediately, thereafter, one person alighted from the car and started running away. The police personnel tried to apprehend him but failed. However, he was identified to be Seera son of Boota Singh, Caste Jat Sikh, resident of Desu Jodha, as he was previously known to HC Sadhu Singh (PW4). The driver of car was nabbed at the spot by the police party and he disclosed his name to be Parmod Kumar son of Hans Raj, resident of Mandi Dabwali. On search of the car, five plastic bags were found lying in the middle and rear portion of the car. Suspecting the presence of some narcotic in the bags, notice under Section 50 of the NDPS Act was served upon to the appellant to know his willingness to be searched in the presence of a Gazetted Officer or a Magistrate, but the appellant expressed his full confidence in the Investigating Officer. Thereafter, all the five plastic bag were brought down from the car and the contents thereof were checked which were found to be of poppy husk. Two samples weighing 100 grams were taken from each plastic bags. On weighment, each plastic bag was found to contain 34 kilograms and 800 grams of the poppy husk. The mouth of all the plastic bags were tied. The bags and the samples were smeared with the seal bearing monogram 'RK' and taken into police possession vide separate memos which were attested by the witnesses. The car was also taken into police possession. The seal after use, and retaining the sample seal, was handed over to HC Siri Niwas.

(3.) IN order to substantiate the charge against the accused, the prosecution examined the following witnesses :-