JAGSIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction dated 26.02.2004 and order of sentece dated 28.02.2004, passed by Sh. R.S. Bagri, Additional Sessions Judge, Sirsa, vide which accused has been convicted under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (In short "N.D.P.S. Act") for having been found in possession of 80 Kgs poppy husk without any licence or permit.

(2.) The facts as enumerated from the record are that on 15.02.2003, Mahinder Pal, ASI alongwith Shamsher Singh, EHC No. 1205 and Constable-Rajinder Singh, No. 1116 were going in a Government jeep bearing Registration No. HR-24-D-0982, being driven by EHC-Ramesh Kumar, No. 693. The police party was patrolling to detect crime and was going from Rohranwali to Odhan and when the police party reached on T. Point, GT road leading from Sirsa to Dabwali in the area of Village-Odhan, then, Sandeep son of Dharam Pal, Caste Mahajan, resident of Rohranwali came there and was also joined. In the meantime, a person was seen coming from the Village-Odhan carrying one gunny bag on the handle bar and one gunny bag on the carrier of the bicycle. The said person on seeing the police party, abandoned the bicycle and gunny bags and succeeded in escapaing from the spot. Sandeep son of Dharam Pal, identified the said person as Jagsir Singh son of Harnek Singh, resident of Village-Rohranwali. A V.T. message was flashed to the D.S.P., Dabwali for the search of gunny bags, but he could not report at the spot due to VIP duty. Then, the ASI opened the mouth of the gunny bags and checked their contents which were found to be poppy husk. Two samples of 100 grams each were drawn and the residue in each gunny bag was found to be 39.800 kgs. in each bag. The sample parcel and gunny bags containing remaining poppy husk were duly sealed and were taken into possession by sepearate memo. The seal was handed over to EHC-Shamsher Singh.

(3.) On the basis of ruqa, formal FIR was recorded. The statements of witnesses under Section 161 of the Cr.P.C. were recorded.