RAMESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case of the prosecution is that on 16.01.2003, ASI Jai Kishan alongwith other police officials was present near the gate of new grain market, bus stand, Samalkha in connection with patrolling and checking of crime, where appellant carrying a polythene bag in his right hand came from the side of bus stand, Samalkha who on seeing the police party retreated and started swiftly walking towards the bus stand. He was intercepted by the police party on the basis of suspicion. Since, ASI Jai Kishan suspected that the appellant was carrying some narcotic in the bag being carried by him in his right hand, he served notice upon him (appellant) Ex.PE under Section 50 of the Narcotic Drugs and Psychotropic Substances Act ('NDPS Act' - for short) asking whether he wanted his bag to be searched in the presence of gazetted officer or a Magistrate.

(2.) Thereupon, appellant reposed confidence in the Investigating Officer and opted to be searched by him vide his reply Ex.PE/1. Ex.PE and Ex.PE/1 were signed by the appellant and attested by HC Sham Lal and Constable Taqdir Singh. Thereafter, ASI Jai Kishan conducted the search of the bag being carried by the appellant in his right hand, that contained charas, which was weighed and on weighment, it was found to be 2 kgs. Out of that 20 gms were drawn as sample, which was sealed in parcel, that was sealed with the seal bearing impression 'JK' by ASI Jai Kishan, who also prepared the parcel of the remaining charas, which too was sealed by him with his seal bearing impression 'JK'. ASI Jai Kishan handed over his seal to HC Sham Lal after use. Then, he prepared ruqa Ex.PG and sent the same to police station through Constable Satish Kumar, where formal FIR Ex.PG/1 was recorded by ASI Ishwar Singh.

(3.) Thereafter, ASI Jai Kishan prepared rough site plan Ex. PH with correct marginal notes of the place of recovery. He also arrested the appellant vide arrest memo Ex.PI, that was signed by the appellant, as also, by the witnesses. He also prepared the search memo Ex.PJ of the appellant, that was signed by the latter and attested by the witnesses. He also prepared the report Ex.PK, that was shown to DSP Samalkha. Thereafter, ASI Jai Kishan recorded the statements of witnesses under Section 161 of the Code of Criminal Procedure ('Cr.P.C.' - for short).