GURTEJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GURTEJ Singh and Pargat Singh have been convicted by the Additional Sessions Judge, Bhiwani on 7.5.1992 and sentenced to RI for a period of 10 years and also required to pay a fine of Rs. 100,000/- each and in default of payment of fine to undergo further R.I. for a period of one year each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Aggrieved against it the present appeal has been attempted.

(2.) BRIEFLY , the story of the prosecution is that on 5.1.1990 as a consequence of the secret information received, Shri Hukam Chand Sub Inspector, SHO of Police Station Loharu, organised a Nakabandi on the sales tax barrier on the road leading to Surajgarh. Besides the aforesaid Station House Officer, the others who were present included Braham Parkash Head Constable, Shri Raghvender Singh Inspector of Sales Tax, Head Constable Annar Singh and a few others. At about 5.00 a.m. a tractor and a trolley bearing No. HYR 3670 was coming from Suraj Garh Road and it was being driven by Gurtej Singh accused. It contained 28 bags which were found to contain poppy straw and Pargat Singh was sitting upon these bags. The accused were stopped and a sample weighing 200 grams was separated from each of the bags. These bags Exs. P.1 to P-28 were taken into possession by means of recovery memo Ex. PB. The report of Chemical Examiner Madhuban is Ex. PJ. The tractor as well as the troller were also taken into possession.

(3.) THE learned Counsel for the appellants has referred to Amrit Singh v. State of Haryana, 1990(2) RCR 525 and has argued that the search was not conducted in the presence of a gazetted officer. This contention as such is not acceptable in the circumstances of the case now in hand. Here, on receipt of a special report the Deputy Superintendent of Police, Loharu, PW-5, arrived at the place of the recovery at about 7.00 a.m. Even at that time the other witnesses such as Raghvender Singh and Dalip Singh were still present. The was specifically deposed that he placed his own seals on 28 bags and 28 sample packets.