SURESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Suresh was nominated as an accused in a case FIR No.714 dated 09.11.1998 registered at Police Station City Rohtak under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act'). The Additional Sessions Judge, Jhajjar on 25 th August, 1999 had charged the appellant for the above said offence. The charge stated that on 9 th November, 1998 at about 6.30 p.m. in the area of Jind-Rohtak Road, near Baba Balak Nath temple, falling within the jurisdiction of Police Station City Rohtak, the appellant was found in a conscious possession of 7 kgs of poppy husk without any licence or permit and thereby he committed an offence punishable under Section 15 of the Act. The appellant pleaded not guilty and claimed trial.

(2.) The Additional District Judge, Special Court, Rohtak having concluded the trial, vide his impugned judgment dated 24 th August, 2002 Criminal Appeal No.1437-SB of 2002 2 held the appellant guilty of an offence punishable under Section 15(b) of the Act. Vide an order dated 27 th August, 2002, the trial Judge sentenced the appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lac, in default of payment of fine to further undergo rigorous imprisonment for two years under Section 15(b) of the Act. The prosecution, to prove guilt against the accusedappellant, had examined nine witnesses. It has come in the evidence of ASI Maha Singh PW-8 that on 9 th November, 1998 he was posted as ASI in CIA Staff, Rohtak. On that day, he along with HC Pawan Kumar PW-5 and other companion police officials was present at the T-point in village Sunderpur on patrol duty. At that time, the accused was spotted coming from the side of Mata Darwaja, Rohtak carrying a bag. On seeing the police party, the accused made an attempt to slip away, but on suspicion he was apprehended and on interrogation he disclosed his name, parentage and address. A notice under Section 50 of the Act was served upon him and he was given an option to get himself searched from a Gazetted Officer or a Magistrate. The accused stated that he may be searched in the presence of a Gazetted Officer. Then an intimation was sent on telephone, whereupon Raj Singh DSP Ballabgarh PW-6 arrived at the spot and a search was carried in his presence. As stated earlier, 7 (seven) kg of poppy husk was recovered from the accused. 100 gm of poppy husk was taken separately as a sample and was sent to the laboratory.

(3.) The testimonies of ASI Maha Singh PW-8, ASI Pawan Kumar PW-5 (who was then posted as a Head Constable) and DSP Raj Criminal Appeal No.1437-SB of 2002 3 Singh PW-6 prove search, seizure and recovery of the contraband article from the appellant.