BALINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this criminal appeal is to the judgment of conviction dated 16.2.2001 and the order of sentence dated 19.2.2001, passed by the learned Judge, Special Court, Karnal, whereby the appellant, Balinder Singh, was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the NDPS Act'), and ordered to undergo rigorous imprisonment for ten years besides payment of fine of ? 1,00,000/- and in default thereof to undergo further rigorous imprisonment for two and a half years.

(2.) Brief facts of the case are that on 13.2.1997, the then ASI Manvir Singh (PW8) along with fellow police officials was proceeding towards village Kaimla in Government Jeep bearing registration No. HNL-7123. Under his supervision a barrier was laid and the checking party started inspecting the vehicles passing therethrough. PW3 Mahinder Singh, resident of village Bastara, came there and in the meantime, the appellant also emerged there with a gunny bag on motorcycle bearing registration No. HR-05-C-5670. PW8 ASI Manvir Singh suspected some contraband in the gunny bag. He (ASI Manvir Singh) disclosed his identity to the appellant and thereafter a notice under Section 50 of the NDPS Act asking the appellant whether he wanted to get the search effected from him (PW8 ASI Manvir Singh) or before any Gazetted Officer was served. The appellant opted for being searched in the presence of some Gazetted Officer and, as such, he (appellant) was produced before PW4 Sukhdev Singh, who was then posted as Deputy Superintendent of Police, Assandh, when he was available near the Bus Stand, Karnal. On direction of PW4 Sukhdev Singh, the search of the gunny bag being carried by the appellant on his motorcycle, was conducted and it was found that the bag was containing 35 Kgs. of poppy husk. 200 grams of the poppy husk was taken out of the bag for the purpose of sampling. The parcel of the poppy husk drawn for sampling was prepared and the same was sealed with the seal 'RS'. The bag containing remaining poppy husk was also sealed. Sample parcel as well as bag containing residue poppy husk were taken into possession vide recovery memo. Ex. PC. The motorcycle was also taken into police possession vide recovery memo. Ex. PD. PW8 ASI Manvir Singh sent a memo. (Ex. PE) to the Police Station, Gharaunda, for registration of the case, on the basis of which formal FIR (Ex.PE/1) was registered by PW6 Inspector Ram Sarup. PW6 Inspector Ram Sarup also made endorsement (Ex. PE/2) on the police memo (Ex.PE) and reached the spot where other police officials along with appellant were already present. PW8 ASI Manvir Singh produced the witnesses and the case property before PW6 Ram Sarup, Station House Officer, who, in turn, verified the fact of recovery and put his seal bearing letters 'SD' on both the packets. PW6 Ram Sarup also prepared the rough site plan (Ex. PH) and recorded the statements of witnesses. The appellant was arrested and thereafter he was personally searched, but nothing was recovered from his person.

(3.) After completion of the investigation on the spot, the police party along with the appellant arrived at the Police Station, Gharaunda. PW8 ASI Manvir Singh deposited the case property with the Moharrir Head Constable, Ramesh Kumar (PW2).