KULWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 11.07.2005, passed by Judge, Special Court, Kaithal, whereby the appellant was convicted for commission of offence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act). He was sentenced to undergo rigorous imprisonment for a period of 10 years along with a fine of rupees one lac. In default of payment of fine, he was to further undergo simple imprisonment for a period of one year.

(2.) The case of the prosecution is that on 22.05.2002, ASI Balbir Singh along with H.C. Krishan Lal, Ramesh Chand, Constable Devi Chand and Subhash Chand were going in a jeep and were present in village Bhatiya on patrol duty. ASI Balbir Singh received secret information that Kulwant Singh alias Kanta son of Mukhtiar Singh who used to sell poppy husk, would be going towards Punjab to sell poppy husk on a mare and if a raid is conducted, he can be apprehended. The police party stationed itself at Gaghar Bandh in village Bhatiya. After some time, a person was seen coming with a mare from the side of Ratta Khera village. On seeing the police party, he turned back and started walking briskly. The police apprehended him and on interrogation, he revealed his name as Kulwant Singh. Two bags were loaded on the mare. Suspecting contraband, a notice under Sec. 50 of the NDPS Act was served upon the appellant and he was apprised of his right to get the search effected in the presence of a Gazetted Officer or a Magistrate. The appellant wanted his search to be conducted in the presence of a Gazetted Officer. A wireless message was sent and DSP, Guhla reached the spot. The Investigating Officer apprised him of the facts and under his direction, the gunny bags were unloaded and on checking the bags, it were found to contain poppy husk. Two samples of 200 grams from each bag were taken out. The bulk of poppy husk was weighed separately and each bag contained 34 Kg. 600 grams of poppy husk. The samples and the residue were sealed with seal bearing BS and DS of the DSP. Recovery memo was prepared. The Khurji and Kaathi were taken into possession vide a separate recovery memo. The seal of the DSP was handed back to him while the seal bearing impression BS was handed over to H.C. Ramesh Chand. Ruqa was sent through Devi Chand Constable on the basis of which formal FIR was recorded.

(3.) After the completion of investigation, challan was presented and charge was framed. The prosecution examined seven witnesses and tendered the report of FSL Ex.PL.