NOOR MOHMAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case of the prosecution is that on 17.09.1989, Maha Singh the then Assistant Sub Inspector of police station City Panipat at about 3.00 p.m. along with other police officials, was present near Adarsh Udyog Factory Panipat situated along side G.T. road, where Ramesh Chand PW met the police party and was joined in the police party. Immediate, thereafter, appellant along with a woman was seen coming on foot along side G.T. road from Delhi side carrying a bag Ex.P1 in his right hand, who on seeing the police party changed their directions towards east, that aroused suspicion in the mind of Maha Singh, Assistant Sub Inspector, who apprehended the appellant and Munni Bai and told them that they are to be searched, in case, they so desired, the same could be done in the presence of some gazetted officer. Both, the appellant and Munni Bai opted to be searched without the presence of a gazetted officer, by Maha Singh, the then ASI and the latter searched the appellant, that resulted into a bag Ex.P1 containing 4 Kgs of opium wrapped in a polythene paper. The appellant could not produce any permit, therefor. 200 grams of opium were drawn as a sample from the bulk opium, that was put in a small tin box, while the remaining opium was put in another tin box.

(2.) Both the boxes were made into parcels, that were sealed by Maha Singh, the then ASI with his seal bearing impression 'MS'. The case property including the bag Ex.P1 was seized vide recovery memo Ex.PA, that was attested by Dhan Ran HC and Ramesh Chand public witness. Seal after used was handed over to the latter. Later, ruqa Ex.PB was sent by Maha Singh, the then ASI to Police Station City, Panipat, where formal FIR Ex.PB/1 was recorded by Rameshwar Dutt, the then SI. Later, Maha Singh the then ASI prepared rough site plan Ex.PC of the place of recovery of opium and arrested the appellant after informing him the grounds of arrest. On return to the police station, the case property was deposited with Om Parkash HC. A separate case was registered and investigated against Munni Bai. On return to the police station, appellant and the case property were produced before Kedar Singh Rathi SHO, who verified the facts from all concerned and affixed his own seal bearing letter 'KSR' on case property. Later, Maha Singh the then ASI deposited the case property with Om Parkash HC, who sent the sample parcel in this case to the Forensic Science Laboratory, Madhuban through Pawan Kumar Constable and the former vide report Ex.PD declared the contents of the sample parcel to be of opium. After completion of investigation, Station House Officer of Police Station City, Panipat, instituted police report under Section 173 Code of Criminal Procedure (Cr.P.C-for short) against the appellant, before the learned Illaqa Magistrate to the effect that it appeared that he has committed an offence punishable under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Act-for short).

(3.) On presentation of police report, copies of documents, as required under Section 207 Cr.P.C. were furnished to the appellant by the learned Illaqa Magistrate, who later committed the case to the Court of Session, that was entrusted to learned trial Court, where charge under Section 18 of Narcotic Drugs and Psychotropic Substances Act, 1985 was framed against the appellant, whereto, the latter, pleaded not guilty and claimed trial. Consequently, prosecution evidence was summoned.