SURINDER KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been directed against judgment and order dated 17.1.2005 and 18.1.2005, respectively, whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act"), as detailed hereinbelow: -

(2.) THE facts and circumstances, as noticed from the judgment of the trial court, are that on 17.9.2003, SI Parmod Kumar alongwith other police officials was patrolling the area. When he reached near Railway Colony, Ambala Cantt., secret information was received against the accused and in pursuance thereof, ruqa Ex. P4 was sent to the police station, on the basis whereof, formal FIR Ex. P5 was registered by HC Satya Narain. Naka was laid in front of Railway Station, Ambala Cantt. to nab the accused and after sometime, Surinder Kaur along with her co -accused Gurpreet Singh and Balwinder Singh (both juvenile) was seen carrying a bag. On suspicion that the bag contained some contraband, notice Ex. P6 was served upon the accused giving them option of being searched before a gazetted officer. The accused opted to be searched before a gazetted officer and Deputy Superintendent of Police (Headquarters) Raj Gopal was requested to come to the spot. On arrival of Raj Gopal PW4 and as per his directions, search of the bag was conducted and it was found containing poppy straw. Two samples of 100 grams each were separated. The samples as well as residue, total weighing 55 Kgs, were converted into sealed parcels with seal bearing impressions 'PK' and 'RG' and taken into possession vide memo Ex. P3. Rough site plan of the place of recovery Ex. P10 was prepared. Case property was deposited with the MHC of the police station and the accused were put in the lock up. Sample was sent to Forensic Science Laboratory for analysis and the contents thereof, were reported to be poppy straw, vide report Ex. P13.

(3.) THE prosecution, to discharge its onus, examined as many as six witnesses namely, SI Suraj Bhan PW1, HC Satya Narain PW2, EHC Jai Ram PW3, DSP Raj Gopal PW4, SI Parmod Kumar PW5 and HC Naresh Kumar PW6.