JASWANT SINGH ALIAS JASSA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 8.9.2003 pased by the learned Presiding Officer, Special Court, Kurukshetra whereby the appellant has been convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act') for short) and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine of Rs. one lac failing which he has to further undergo rigorous imprisonment for one year besides, the case property has been ordered to be confiscated to the State.

(2.) THE facts leading to the case are that case FIR No. 142 dated 8.12.1999 (Ex. PE/1) was registered on the statement of Sub Inspector/SHO Police Station Cheeka. It is stated that the Sub Inspector/SHO along with other police officials in Government vehicle No. HR-88-2010 driven by Constable Narinder Singh No. 305 in connection with patrolling and checking crime were present at Patiala Road, Cheeka near the Truck Union. Paras Ram, Sub Inspector (PW-9) and Constable Dalbir Singh No. 677 of the CIA Staff Guhla joined them per chance. When he was talking with them, an informer gave secret information to the effect that the appellant resident of Daban Kheri (now Sanjay Basti), Cheeka, who had purchased a house in Professor Colony, Cheeka, stores crushed poppy husk in the said house and sells the same to smugglers. If a raid was conducted, then poppy husk in large quantity could be recovered. Information was found to be credible and from which an offence under Section 15 of the Act was made out. So a writing was sent to the Police Station for registration of the case. The Sub Inspector/SHO along with police officials proceeded to the house of above said appellant for conducting raid. Witnesses were to be joined on the way. On receipt of the memo giving the above said information, case under Section 15 of the Act was registered at Police Station Cheeka. The police party while proceeding to the spot at some distance per chance met Harbhajan Singh, Sarpanch of Village Daban Kehri (DW-1), who was asked to join the police party but he expressed his inability. When the police party was going to the house of the appellant at a distance of about 100 yards from the house, the appellant met them and he was apprehended. A notice under Section 50 of the Act was served on the appellant and he was asked whether he wanted to be searched by the Investigating Officer or by a gazetted officer or a magistrate. On this, the appellant opted to be searched by a gazetted officer or a magistrate. In the meanwhile, Om Parkash, DSP, Guhla (PW-6) came there along with Norang Dass, Naib Tehsildar, Guhla (PW-8). The appellant was interrogated and he suffered a disclosure statement (Ex. PD) to the effect that he had concealed poppy husk in the store room of his house in Professor Colony, Cheeka and he could get the same recovered after demarcation. The appellant then led the police party to the disclosed place and after opening the lock of his house got recovered 68 bags of poppy husk along with one weighing scale and weights measuring 1 Kg. and 2 Kgs. From each bag 250 grams of poppy husk was separated as sample and the remaining on weighing was found to be 39 Kgs. 750 grams in each bag. The sample parcel and residue bags were converted into separate parcels and were sealed with the seal of the DSP 'OP' and that of the SI/SHO 'RS'. Seal 'OP' was retained by the DSP while that of 'RS' was handed over the Paras Kumar, SI (PW-9). The 68 bags of poppy husk and weights were taken into possession vide recovery memo (Ex. PE) which was attested by the DSP and other witnesses. The 68 bags of poppy husk and weights were taken into possession vide recovery memo (Ex. PE) which was attested by the DSP and other witnesses. The site plan (Ex. PK) was prepared. The statements of witnesses were recorded and the appellant was arrested. The case property of 68 bags, sample parcels, specimen and seals impressions, weighing scales and weights were taken to the Police Station and deposited with the MHC with seals intact. The appellant was lodged at the police lock-up. Report was sent under Section 57 of the Act to higher officers. Thereafter statements of the police officials were recorded. After completion of investigation, the challan was filed in the Special Court (NDPS Act), Kaithal on 24.2.2002. The learned Special Court from the perusal of the police report and other documents found a prima facie case under Section 15 of the Act to be made out against the appellant. Accordingly, the appellant was charged for the said offence on 6.3.2002 on the allegations that he was found in possession of 68 gunny bags without permit or licence and thereby committed an offence punishable under Section 15 of the Act. The appellant pleaded not guilty and claimed trial.

(3.) THE learned Special Judge, after considering the evidence and materials on record, as already noticed, convicted and sentenced the appellant for the offence under Section 15 of the Act which is assailed in this appeal.