SWARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal is against the judgment dated 08.10.2003 passed by the Judge, Special Court, Karnal, whereby the appellant has been convicted under Section 15 (b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") for a period of six months.

(2.) The brief facts of the case are that on 27.01.2002, ASI Gurdyal Chand along with HC Krishan Pal, HC Nathi Ram, HC Parmod Kumar and constable Goverdhan Ram was present at Andhera Turning, Meerut Road, Karnal in connection with nakabandi. In the meantime, appellant was seen coming from the side of Andhera village who on seeing the police party tried to took turn. He was carrying a plastic bag of white colour on his right shoulder. On suspicion, ASI Gurdyal Chand served notice Ex.PA upon the appellant to know his option for taking search before the Magistrate or Gazetted Officer. However, the appellant reposed confidence in the ASI. Thereafter, the Investigating Officer carried out search of the plastic bag which was found to contain choora post wrapped in a polythene bag, out of which 250 gms. was separated as sample and the remainder on weighment came to 5.750 kgs. The sample parcel and the remainder parcel both were sealed separately with the seal GS and seal after use was handed over to HC Krishan Lal. Both the sample parcel and remainder were taken into possession vide memo Ex.PB. The Investigating Officer sent ruqqa Ex.PC to the police station on the basis of which FIR Ex.PD was recorded by SI Ram Kumar, who also made his endorsement on Ex.PC. After completion of investigation, the sample was sent to the Forensic Science Laboratory, Madhuban for analysis which was found to be of poppy straw vide report Ex.PG.

(3.) After the investigation, the challan was presented before the Court and the appellant was charge sheeted for an offence under Section 15 of the Act.