BHOLA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BHOLA Singh appellant stands convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide impugned judgment dated 20.2.1998 passed by the learned Additional Sessions Judge, Karnal and has been sentenced to undergo RI for ten years and to pay a fine of Rs.one lac, in default to suffer further RI for 2 -1/2 years. Aggrieved by the judgment of conviction and sentence, he has preferred the instant appeal.

(2.) IT has been brought to my notice that the substantive sentence of the appellant was suspended by this Court and he is on bail.

(3.) BRIEFLY , the case of the prosecution is that ASI Ram Parkash (PW3) alongwith the other police officials had intercepted the appellant when he was seen coming on foot from the side of village Bandarala. Since the ASI suspected the appellant carrying some contraband in the plastic bag in his hand, an offer was made to him vide memo Ex.PF as to whether he wanted to get his search conducted from him (ASI Ram Parkash) or before some gazetted officer or a Magistrate. The said memo was signed by the appellant and attested by Constables Rajbir and Vinod Kumar. The appellant opted to get his search conducted before some gazetted officer. After that Constable Krishan Chand was asked to bring the Deputy Superintendent of Police, Asandh to the spot. Consequently Shri Kartar Singh DSP (PW2) reached the spot. In his presence the search of the plastic bag was conducted. It was found to contain poppy husk. On weighment, it was found to be 16 kgs 200 grams out of it was separated as sample. The sample and the residue were sealed with seal (of ASI Ram Parkash) bearing impression 'RP'. The seal after use was handed over to Constable Rajbir. The case property was taken into possession vide recovery memo Ex.PE. Ruqqa (Ex.PA) was sent to the police station on the basis of which formal FIR (Ex. PA 1) recorded. The other formalities of investigation were also completed at the spot. Thereafter the appellant along with the case property was produced before SI/SHQ Pardhan Singh, who after verifying the facts affixed his own seal on the case property and the sample parcel. The case property was then deposited with Moharrir Head Constable Dharmvir for keeping it in safe custody. After receipt of the report of the Forensic Science Laboratory and completion of investigation, the appellant was sent up to face trial. He was consequently charged under Section 15 of the Act. He has now suffered conviction.