GURSHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant - Gursharan Singh, then aged 29 years (as mentioned in the impugned judgment), has filed the present appeal, impugning the judgment of conviction dtd. 19/7/2005, and order of sentence dtd. 20/7/2005, passed by learned Additional Sessions Judge, Hisar, vide which appellant has been convicted for committing an offence punishable under Sec. 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), for keeping in his possession 15 Kgs. of poppy husk without any permit or licence and accordingly he has been sentenced by the Trial Court as under:- <FRM>JUDGEMENT_124_LAWS(P&H)4_2023_1.html</FRM>

(2.) Facts of the case, emerging from Sessions Case No. 07, dtd. 28/1/2004/12/5/2005, arising out of FIR No. 822, dtd. 28/10/2003, under Sec. 15 of the NDPS Act, registered at Police Station Sadar, Hisar, are that on 28/10/2003, ASI Rajender Parshad, ASI Mohinder Singh and other police officials were present at Bus Stand, Azad Nagar, Hisar, for patrolling and crime detection duty. A person with a white colour bag on his shoulder, was seen coming from the side of village Gangwa. On seeing the police party, he turned back and started walking briskly. Having suspicion, ASI Rajender Parsad, with the help of other police officials, apprehended said person, and on inquiry, he disclosed his name as Gursharan son of Satvinder Singh, Caste Rai Sikh, resident of Lohgarh, District Mansa (Punjab). Being suspected that there may be some contraband substance in the bag of the accused, ASI Rajinder Parsad, being the Investigating Officer, served a notice under Sec. 50 of the NDPS Act upon the accused, to the effect that he intended to take search of the bag and if the accused so desires, search could be made in presence of a Magistrate or Gazetted Officer. The accused vide his reply reposed confidence in the Investigating Officer. Said notice and reply were signed by the accused and attested by witness ASI Mohinder Singh.

(3.) After recording the statements of witnesses and completing all the proceedings as required in the NDPS Act, final report under Sec. 173 Cr.P.C., was prepared and submitted to the Court. Accordingly, appellant was charge sheeted for committing an offence under Sec. 15 of the NDPS Act. During trial, prosecution examined following five witnesses: <FRM>JUDGEMENT_124_LAWS(P&H)4_2023_2.html</FRM>