SAHAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was tried qua commission of offence punishable under Section 15 of the Narctoic Drugs and Psychotropic Substances Act,1985 (for short the 'Act') in FIR No.95 dated 4.5.2002 registered at Police Station Taraori. The trial Court vide its judgment and order dated 14.1.2003 convicted and sentenced the appellant under Section 15 of the Act. Hence, the present appeal.

(2.) The prosecution story, in brief, is that on 04.5.2002, Assistant Sub Inspector- Ishwar Singh was present at the Bus stand of village Ramana alongwith other police officials in connection with routine patrolling and checking. Assistant Sub Inspector- Ishwar Singh received a secret information that the appellant was regularly dealing in poppy husk and had gone to his house with three bags of the contraband. Finding the said information trust worthy, a raid was conducted and the police officials reached the house of the appellant.

(3.) The appellant was found present in his house and was putting three bags under the heap of wheat straw. Appellant was served with a notice that he could get the search of the bags conducted in the presence of the Magistrate or the Gazetted Officer. Appellant opted that the search be conducted before the Magistrate. Accordingly, Naib Tehsildar was called to the spot. Thereafter, the bags were searched and poppy husk were recovered from the said bags. 250 grams of poppy husk were drawn as sample from each bag. The remaining poppy husk contained in the bags came to 31 kilograms, 750 grams, 35 kilograms and 33 kilograms and 500 grams. The samples as well as the remaining contraband were taken in police possession.