ARVIND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Arvind S/o Jai Singh was convicted under Section 15 of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a period of three months.

(2.) The sum and substance of the case of the prosecution is that on 8.3.2003, PW4 Surinder Pal, S.I., C.I.A. Staff Yamuna Nagar was present along with other police officials near railway crossing Pansra where the accused was seen coming from the side of village Kalanaur with a bag on his shoulder. As the accused turned back on seeing the police party, he was apprehended on suspicion. PW4 conducted search of the bag carried by the accused. It contained 5 Kg of choora post (Poppy Straw). Two samples of 100 gm each were separated for analysis. The samples and the residue were converted into separate parcels and were sealed separately with seal bearing mark 'SP'. The accused and the case property were produced before PW1 Suresh Kumar ASI/SHO of Police Station Sadar, Yamunanagar, who reached the spot. After verifying the facts, he also put his seal bearing mark 'AS' on the parcels containing the case property. Based on the ruqa Ex. PF, an F.I.R. Ex. PG was registered. PW4 drew rough site plan Ex. PE reflecting the place of recovery. The case property was deposited with the Incharge Malkhana of the Police Station for safe custody. The sample collected was sent for examination. The FSL report discloses that the sample sent for examination was nothing but Poppy Straw (Choora Post). On completion of investigation, the accused was charge sheeted under Section 15 of the NDPS Act.

(3.) PW4 Surender Pal has categorically spoken about the apprehension of the accused on suspicion, recovery of 5 Kg of Choora Post, the samples drawn by him and the registration of FIR based on the ruqa sent by him. PW1 Suresh Kumar also has affixed his seal on the case property. The FSL report categorically states that the sample sent for examination was nothing but Poppy Straw. There is no reason discord the above evidence.