SUKHCHAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 11.08.2004, passed by the learned Judge, Special Court, Kaithal, vide which accused -appellant Sukhchain has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after called the 'Act') and the order on quantum of sentence dated 12.08.2015, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of eight months and a fine of Rs. 1000/ - and in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) AS per the prosecution case, on 03.02.2003 PW5 Assistant Sub Inspector Waryam Singh, Police Station Siwan (the Investigating Officer of the case) received a telephonic message from ASI Satbir Singh, Police Post Ramthali that 16 kilograms poppy husk was recovered from one Kala son of Ram Kumar, resident of village Chhatter Police Station Uchana and on interrogation, he disclosed that he had brought the poppy husk from Dera of Sukhchain Singh and if raid is conducted on his house, poppy husk can be recovered. At this, a raiding party was formed by the Investigating Officer. Notice under Section 42 of the Act was sent to the senior police officer. The raiding party proceeded towards Dera/house of the appellant. When they reached near the Dera, they met one Harbans Singh son of Kehar Singh resident of Chakku Ladana. He was joined in the raiding party. Thereafter, when the police party reached at the house of the accused -appellant, he was coming from the house carrying a plastic bag in his right hand. He was apprehended. A notice under Section 50 of the Act Ex. PG was served upon him giving him an option as to whether he wanted to get his search conducted in presence of a gazetted officer or a magistrate. Vide his consent memo Ex. PG/1, the accused -appellant opted to get his search conducted in the presence of a gazetted officer. Thereafter, the accused -appellant, the witnesses and the plastic bag were produced before Shri Dharampal Dalal, DSP in his office. The DSP verified the facts and directed the Investigating Officer to take search of the plastic bag. The bag was checked by the Investigating Officer and it was found containing poppy husk. On weighment, it was found to be 5 kilograms. Two samples of 200 grams each were separated and the samples as well as residue were converted into separate parcels and were sealed with the seal of the Investigating Officer bearing impression 'WS' and seal of the DSP bearing impression 'DS'. The sample parcels, residue parcel and sample seal impressions were taken into possession vide separate recovery memo Ex. PD, which was attested by the witnesses. Seal of the Investigating Officer after use was handed over to HC Balbir Singh whereas the DSP retained his seal with him. Ruqqa Ex. PC was sent to the police station. On the basis of which, formal FIR Ex. PC/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex. PH. Statements of the witnesses were recorded.

(3.) THE accused appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 10.08.2004 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.