PARAMJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PARAMJIT Singh appellant stands convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') vide impugned judgment of learned Additional Sessions Judge, Hisar dated 22/24.2.2001 and has been sentenced to undergo Rl for ten years and to pay a fine of Rs.one lac, in default of payment of which to suffer further RI for two years. Hence this appeal.

(2.) THE allegation against the appellant is that on 12.2.1996, he was found in conscious possession of 3. gunny bags tied with the lift of tractor, each containing 40 kgs of poppy straw.

(3.) BRIEFLY , the case of the prosecution is that Kharaiti Lal (PW -5) along with SI Partap Singh (PW -4) and other police officials was present at railway crossing of village Laloda when around 4 -30/5 -00 A.M. a tractor bearing registration No.HR -23/5388 was seen coming from the side of village Pirthtala. It was being driven by the appellant. He was asked to stop the tractor. Suspecting the bags to be containing some contraband, a notice (EK.PC) was served upon the appellant, apprising him of his statutory right of being searched in the presence of a gazetted officer or a Magistrate. Vide reply (Ex.PD), he expressed his confidence in SI Kharaiti Lal. Thereafter the search of the said bags was conducted. All the three bags were found to contain poppy straw. 200 grams from each bag was separated as sample. The remainder on weighment was found to be 39 kgs 800 grams in each bag. The samples and the remainder bags were converted into sealed parcels and sealed with the seal bearing impression 'RR'. The tractor as well as the case property were taken into possession vide recovery memo. Ex.PE, attested by the witnesses. Ruqqa (Ex.PE) was sent to the police station on the basis of which formal FIR (Ex.PF/1) was recorded. SI Kharaiti Lal then prepared the rough site plan (Ex.PG). On return to the police station the case property, the appellant and witnesses were produced before incharge of the said police station Sadar Tohana, who after verifying the facts affixed his own seal on the case property as well as the sample parcels and under his directions the case property was deposited with HC Ram Kumar (PW -2).