LAKHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal directed by the appellant against the judgment dated 29.11.2002 and order dated 2.12.2002 passed by learned Presiding Officer, Special Court, Kurukshetra vide which the accused has been convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act ) and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- under Section 18 of the Act in default of payment of fine to further undergo rigorous imprisonment for a period of two years.

(2.) Briefly stated the case of the prosecution in brief is that on 6.11.1999 SI Karam Singh SHO of Police Station Pehowa along with ASI Sukhdev Singh and other police officials was present at Pehowa-Ambala drain bridge near Pehowa in connection with patrolling and detection of excise crime, when the accused having a thela in his right hand was seen coming from the side of Gau Charan and on seeing the police party after crossing the bank of the river he started moving towards the group of kikkar trees and tried to hide himself. In the meantime, Jagdish PW joined in the police party. He was apprehended. On interrogation, he disclosed his name as Lakha Singh son of Banta Singh resident of Dera Banta Singh, village Malikpur, SI Karam Singh suspected him of having contraband in thela carried by him in his right hand. He was served with notice under Section 50 of the Act vide which he was asked whether he wanted his search to be conducted before him or before any Gazetted Officer or a Magistrate, upon which the accused opted the search of his thela to be conducted before a Gazetted Officer. Thereafter SI Karam Singh sent VT message through his jeep to DSP, HQ, Pehowa Sahab Ram Nehra, who came at the spot and on his direction SI Karam Singh had conducted the search of the thela of the accused which led to the recovery of opium wrapped in a glazed paper. 100 grams of opium was separated as sample and the remaining on weighment was found to be 2Kgs400grams. The sample and the residue after converting into separate parcels sealed with the seals of 'KS' of SI Karam Singh and 'SR' of Shri Sahab Ram Nehra, DSP himself. Both the sealed parcels along with specimen seal impression were taken into possession . SI Karam Singh had sent ruqa to police station, Pehowa and on the basis of which formal FIR was recorded by ASI Hanu Ram. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.

(3.) On appearance of the accused, copies of documents were supplied to the accused free of costs.