JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case of the prosecution is that on 29.01.2000, Sandeep Singh ASI/SHO of Police Station Ratia along with other police officials was present at bus stand Madh in connection with patrolling and crime checking, where, he received a secret information that Mintu son of Rud Singh resident of Village Ganda and Jarnail Singh (appellant) indulge in smuggling and stocking of poppy husk in the house of the latter. If raided, they could be apprehended, pursuant to, this information, Sandeep Singh SHO sent a constable to call BDPO or Tehsildar to join the police party.

(2.) Later, Sandeep Singh SHO along with other police officials went to village Ganda, joined Chowkidar namely Billu in the police party and raided the house of Jarnail Singh (appellant). Two persons were seen having gunny bags in their hands. One was young and the other was old man. On seeing the police party, young man whose name was later, learnt as Mintu succeeded fleeing from the spot and the old man Jarnail Singh (appellant) was apprehended while he was taking away a gunny bag.

(3.) Sandeep Singh SHO served notice Ex.P6 under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' - for short) upon Jarnail Singh (appellant) to the effect that some contraband is lying in his house and he (Sandeep Singh SHO) intended to conduct a search of his house. If, he so, desired, the same could be conducted in the presence of a Magistrate or a Gazetted Officer. Appellant vide reply Ex.P7, that was thumb marked by him, desired that the search be conducted in the presence of an Executive Magistrate. After about half an hour, Rajbir Singh BDO reached at the spot and was apprised about the facts of the case. As per his direction, police party headed by Sandeep Singh SHO conducted the search of the room, wherein, 25 bags containing poppy husk were lying. On weighment, 40 kgs of poppy husk was found to be contained in each bag. A sample of 200 gm was taken from each bag. All the 25 sample parcels and the bags containing remaining poppy husk were separately sealed by Sandeep Singh SHO with his seal bearing impression 'SS', that was handed over to Rajbir Singh BDO, after use. Later, samples and the bags were seized by the police vide memo Ex.P8, that was attested by Rajbir Singh BDO and other witnesses.