VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 20.11.2003 and order of sentence of the even date rendered by the then Presiding Officer, Special Court, Kurukshetra whereby the appellant Vijay alias Kala son of Gopal Dass was convicted for keeping in his conscious possession 38 kgs of poppy husk without any permit or licence.

(2.) As per prosecution case, on 14.1.1998, ASI Dharambir Singh along with police officials was present at Shahabad on patrol and excise checking when he received secret information against the appellant that he is in the habit of consuming and selling poppy husk after bringing the same from Madhya Pradesh and Uttar Pradesh and for that purpose, he had taken a room on rent from Surinder Singh Tea Vendor situated near Punjab National Bank, Shahabad. In case raid is conducted, large quantity of poppy husk could be recovered. On this information, ruqa was sent to the police station with the request to send some Gazetted Officer at the spot. Thereafter, police party proceeded towards the office of Naib Tehsildar and E.R.O., Shahabad in Government Jeep. Mohinder Singh, Naib Tehsildar joined the investigation from there and police party reached the house of the appellant where he was found present in the room which he had taken on rent from Surinder Singh. Notice under Sec. 50of the Act was served upon the appellant telling him his right that the search of the room can be conducted either in the presence of the gazetted officer or a Magistrate. The appellant opted that the search of the room be conducted in the presence of Naib Tehsildar. Mohinder Singh, Naib Tehsildar asked ASI Dharambir Singh to conduct the search of the room. On search, poppy husk lying in a polythene bag which was kept in a gunny bag, recovered. On weighment it turned out to be 38 kgs. Sample of 1 kg was drawn from the aforesaid bag. Sample and residue poppy husk were converted into separate parcels and sealed with the seal bearing impressions DS and MS. Specimen seal impressions were also prepared. Seal DS after use was handed over to Head Constable Jai Raj and seal MS was retained by the Naib Tehsildar himself. Both the parcels and specimen seal impressions were taken into possession vide recovery memo. Rough site plan was prepared. The appellant was arrested. The appellant along with witnesses and case property was produced before Raj Kumar, ASI who was working as SHO of the police station on that date. SHO after verifying the facts, affixed his seal RK on parcel as well as residue and specimen seal impression. The case property was deposited with MHC and thereafter completion of investigation, challan was presented in the Court.

(3.) The accused was charge sheeted under Sec. 15 of the Act on 29.5.1998 for keeping in his possession 38 kgs of poppy husk without any permit or licence.