GURSEWAK SINGH @ SEWAK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against the judgment of conviction dated 14.05.2007 and order of sentence dated 17.05.2007, passed by the Special Judge under NDPS Act, Sirsa, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for twelve years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of four years under Section 15 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, whereas co-accused Ranjodh Singh was acquitted. Coaccused Jarnail Singh was also acquitted vide order dated 24.04.2007 at the time of recording of his statement under Section 313 The brief facts of the prosecution case are that on 10.02.2004 ASI Gurmeet Singh along with other police officials was going from Rori to Kalanwali in connection with patrolling and detection of crimes and on the way on the bridge of Malhri minor, SI/SHO Budh Singh of police station Rori along with other police officials met him. In the meantime, ASI Gurmeet Singh received a secret information that on the intervening night of 09/10.02.2004, Jaila Singh alias Jarnail Singh had unloaded poppy straw from a Canter with Jodha Singh alias Ranjodh Singh, Chhota Singh, Baldev Singh and Gursewak Singh. He was further informed that the said poppy straw was lying in the house of Baldev Singh and Gursewak Singh, who were residing separately in village Rohan and if a timely raid is conducted on their houses, they can be apprehended along with poppy straw. On receipt of this information, ASI Gurmeet Singh, Investigating Officer prepared report under Section 42 of the NDPS Act Ex.PE and sent the same to the DSP, Dabwali through Constable Sugreev Kumar for information. Thereafter, Investigating Officer and SI Budh Singh formed two separate raiding parties. The raiding party headed by ASI Gurmeet Singh, Investigating Officer went to village Rohan where Makhan Singh was joined as independent witness and a raid was conducted at the house of Gursewak Singh. The raiding party headed by SI Budh Singh reached the house of Baldev Singh.

(2.) When the police party of ASI Gurmeet Singh reached the house of Gursewak Singh, the gate of the house was closed. Then through a hole, the Investigating Officer saw that couple of persons were shifting the gunny bags out of a heap of gunny bags from the courtyard inside the house. He gave a call to those persons to open the gate but they did not open the gate and tried to escape. The Investigating officer opened the gate of the house after putting his hand inside the door and apprehended accused Gursewak Singh in the house whereas other persons managed to escape by scaling the wall of the house and ran away towards the fields. On the spot, 20 gunny bags were found lying in the courtyard of the house of Gursewak Singh. The Investigating Officer suspected some type of contraband in the gunny bags and served notice Ex.PF as required under Section 50 of NDPS Act upon accused Gursewak Singh informing him of his legal right to get the search in the presence of some Gazetted Officer or Magistrate, if he so desired or they could be summoned to the spot or he could be produced before them. The accused declined the offer of being searched before some Gazetted Officer or Magistrate and reposed confidence in the Investigating Officer and opted to get the search of the gunny bags conducted from him. The Investigating Officer then conducted the search of the gunny bags upon which poppy straw was recovered from each gunny bag. On weighment, each gunny bag was found to be of 41 kgs. Samples each weighing 100 gms. were separated from each gunny bag and converted into sealed parcels which were sealed with the seal of Investigating Officer "GS". Separate sealed parcels of gunny bags were also prepared.

(3.) The seal was handed over to Head Constable Rai Singh. The sample parcels, residue parcels and specimen seal impressions were taken into police possession vide recovery memo ExPG. Ruqa Ex.PH was sent to the police station, on the basis of which, FIR was registered.