GURNAM SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal lays challenge to the judgment of conviction and order of sentence dated 13.2.2001 passed by the Additional Sessions Judge, Sirsa in NDPS Act Case No. 25-SC of 1997/2000 in respect of FIR No. 338 dated 2.10.1996, whereby the appellants have been convicted and sentenced for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity "the NDPS Act") as extracted hereinbelow:- <FRM>JUDGEMENT_467_LAWS(P&H)5_2013_1.html</FRM>

(2.) The period already spent by the accused in jail shall be set off against the substantive sentence.

(3.) On 2.10.1996, ASI Babu Ram, HC Subhash Chander and a police party were present on National High Way No.10 in the vicinity of village Chormar. Lachhman Singh, Sarpanch of village Raghuana met the police party. In the meantime, a scooter bearing Registration No. PB-04 C-4977 came from the side of village Jandwala Jatan which was driven by Surjit Singh with pillion rider Gurnam Singh, who was holding a plastic bag in his hands. The police suspected some intoxicants in the bag and served a notice under Section 50 of the NDPS Act upon them. The accused made a statement that they should be searched in the presence of a gazette officer. A wireless message was flashed to the Deputy Superintendent of Police, Dabwali. Sh. Darshan Kumar Bali, DSP, came to the spot, verified the facts and supervised the search operations. The plastic bag, on its search was found containing opium. 100 grams of opium was separated as a sample and the remaining opium (residue) was found to be 15 kg and 900 grams on weighment. The sample opium and the residue were sealed separately with seals bearing impressions "BR" of ASI Babu Ram and "DKB" of DSP Darshan Kumar Bali. The seal was handed over to HC Subhash Chander by the Investigating Officer. Ruqa was sent to the police station for registration of the case which led to registration of formal FIR by Sub Inspector Ram Avtar, the then Station House Officer of Police Station Kalanwali, District Sirsa. On return to the police station, the accused, the case property and the witnesses were presented before Ram Avtar, SHO, who verified and deposited the case property with the MHC. The sealed sample was sent to the Forensic Science Laboratory for analysis. As per report of the Public Analyst, the contents of the sample were found to contain opium. On completion of necessary investigation formalities, challan was presented in the Court for trial of the accused.