MALOOK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant- Malook Singh against the judgment of conviction and order of sentence dated 15.04.2004/17.04.2004 passed by Additional Sessions Judge, Fatehabad, whereby, he has been convicted and sentenced for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of ' one lac and in case of default of non-payment of fine, he was directed to further undergo rigorous imprisonment for a period of two years.

(2.) Briefly, the facts of the prosecution case are that on 23.06.1999, Om Parkash Inspector CIA Staff, Hisar received the order from DIG Range, Hisar to conduct a raid in the premises of accused Malook Singh. On getting said information, Inspector Om Parkash along with other police officials reached at Village Sardarewala in official jeep and joined Balwinder Singh Lambardar and Ram Kishan, Ex. Sarpanch in the raiding party. After seeing police party, the accused ran away from back side of his house. The search was conducted in the house of Malook Singh in the presence of both the witnesses and two gunny bags containing poppy straw were recovered. Thereafter, two samples of 100 grams each were drawn from two bags and were then sealed with seal of 'OP'. Remainder recovery was found to be 39.800 kgs in both the bags which were also converted into sealed parcel and sealed with the seal of 'OP'. The seal was handed over to Sub Inspector Hira Lal. The sealed parcel along with case property were taken into possession and information was sent to the police station through Constable Suresh, on the basis of which, a formal FIR was registered. The Investigating Officer recorded the statement of the witnesses and completed the proceedings at the spot. The case property was deposited with Moharrir Head Constable. The accused was arrested on 22.07.1999 and a report under Section 50 of the Act was submitted by ASI Partap Singh to the SHO. The samples were sent to Chemical Examiner for analysis. On completion of investigation, the formal charge-sheet was filed against the accused and the case was committed for trial. The appellant was charge sheeted for offence under Section 15 of the Act as he was found to be in possession of 80 kgs. of poppy husk without any valid permit or license. The said charge was read over to the accused to which he pleded not guilty and claimed trial.

(3.) The prosecution examined PW-1 S.I Parkash Chand, PW-2 Constable Om Parkash, PW-3 H.C. Tarsem Singh, PW-4 Constable Hardish Kumar, PW-5 S.I. Hira Lal, PW-6 ASI Parhlad Singh, PW-7 DSP Om Parkash.