BHOLA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT -Bhola Ram has been convicted under Section 15(c) of NDPS Act for keeping 100 kg of poppy -husk in 5 bags of 20 kg each which were recovered from his conscious possession. The appellant could not produce any licence and therefore, he was held guilty for the aforesaid offence. Appellant has been sentenced to undergo RI for 10 years and to pay fine of Rs. 1 lac under Section 15(c) of the Act. In the event of default in payment of fine, appellant would further undergo RI for 2 years. Appellant has assailed the judgment of conviction and order of sentence. The prosecution story is that on 10.02.2001, ASI Guria Ram, was posted in CIA staff, Fatehabad and he was going towards village Nakta from village Khumber on a kacha path in government vehicle along with other companions on patrolling duty. When the police reached about 2 kilometers from village Khumber, accused -appellant was seen dragging bags from cotton sticks and was apprehended on suspicion. A notice under Section 50 of NDPS Act was served upon the accused to the effect that the police had suspicion of presence of some contraband in the bags and therefore, police wanted to search the same. Offer was given to the accused whether he wanted to get the search conducted by Magistrate or by a Gazetted Officer. The contents of the notice were read over and explained to him. The accused -appellant thumb marked the same in token of its acknowledgment in the presence of police party and desired that the search be effected in the presence of Magistrate. Accordingly, Naib Tehsildar -cum -Executive Magistrate was called at the spot. The Investigating Officer apprised the Magistrate about the facts and thereafter, on his instructions, conducted the search of the bags. On search, poppy husk was found. On weighment, 20 kg poppy husk was found in each of the bag. Sample of 100 grams was separated from each bag and 5 samples were prepared and were converted into sealed parcels. Seal of GR was affixed. Seal after use was handed over to HC Tarsem Singh. All the sealed parcels were taken into police possession vide separate recovery memo which was attested by HC Tarsem Singh. Therefore information was sent to the police station through Constable Suresh Kumar on the basis of which formal FIR was registered. The Investigating Officer conducted investigation. Rough site plan of the place of recovery with marginal notes was prepared. Statements of witnesses were recorded. On return to police station, case property along with accused and witnesses were produced before the SHO Shingara Singh who on verification put his seal 'SS' on each of the sample. The Investigating Officer also submitted a separate report under Sections 55 -57 of the Act which was also endorsed by the Station House Officer. Thereafter, the Investigating Officer handed over the case property and samples to the MHC and put the accused in police lock up.

(2.) SAMPLES were sent to the office of chemical examiner for analysis. On completion of investigation, challan was presented against the accused in Court. And after necessary commitment, trial progressed. Accused -appellant was charge -sheeted under Section 15 of NDPS Act for keeping 100 kg of poppyhusk in 5 bags without any valid permit or licence. Accused -appellant pleaded not guilty and claimed trial.

(3.) THE trial Court convicted and sentenced the appellant. Prosecution relied upon statement of Jiwan Singh, Naib Tehsildar, PW 6, HC Tarsem Singh, PW 7 and Guria Ram, SI/SHO as PW 8 and pleaded that all the aforesaid witnesses being party to recovery proceedings have unequivocably supported the prosecution story and mandatory provisions of NDPS Act were duly complied with. Link evidence has also been established from the stage of recovery of contraband till its deposit in the malkhana and then to the office of chemical analyst for analysis thereof.