NARESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant - Naresh Kumar, aged about 28 years (at the time of conviction), has filed the present appeal challenging judgment of conviction and order of sentence dtd. 2/12/2004, passed by learned Presiding Officer, Special Court, Kurukshetra, in Sessions Case No.33/2004 of 2002, arising from FIR No. 182, dtd. 16/4/2002, under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Sadar Thanesar, Kurukshetra.

(2.) On 16/4/2002, ASI Kartar Singh along with other police officials posted in CIA Staff-II, Kurukshetra, on a patrol duty were proceeding in a Govt. Jeep No.HR-07E-1616, driven by C. Jagbir Singh towards village Samani on the GT Road. When they reached near Khalsa Dhaba on GT Road in the area of village Samani, they saw a man was trying to escape from rear door of the said Dhaba, and was briskly proceeding towards the fields behind the Dhaba with a gunny bag on his head. On suspicion, he was apprehended by the police party and notice under Sec. 50 of the NDPS Act (Ex.PG) was served upon him, and the accused opted to be searched before any gazatted officer. The accused along with said gunny bag was then taken to the residence of Anil Kumar Dhawan, DSP (HQ), Kurukshetra. Thereafter, on the direction of DSP, search of said gunny bag was conducted, which resulted into recovery of poppy husk. After preparing a separate sample of 250 grams of poppy husk, remaining was found to be 38 kilograms including the gunny bag. Thereafter, sample as well as the residue were converted into sealed parcels and taken into possession vide recovery memo Ex.PF, duly attested by witnesses including DSP (HQ), Kurukshetra. Accused was arrested after serving him with arrest memo Ex.PJ and information memo Ex.PH, was also prepared. After completing the investigation and receipt of FSL Report (Ex. PE), seized contraband was declared that of poppy straw. Accordingly, appellant - Naresh Kumar, was put to trial. He was charged for the offence punishable under Sec. 15 of the NDPS Act, vide order dtd. 20/8/2002. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dtd. 2/12/2004 and vide separate order of sentence of even date i.e. order dtd. 2/12/2004, he was sentenced as under:- <FRM>JUDGEMENT_152_LAWS(P&H)2_2023_1.html</FRM>

(3.) Appeal was admitted on 2/5/2005. Thereafter, vide order dtd. 16/5/2005, after noticing the factum of total undergone period inside jail, remaining sentence of the appellant was suspended by this Court.