KESAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRESENT appeal has been filed against the judgment of conviction and order of sentence dated 21.11.2003, whereby the appellant was convicted under Section 15 of the NDPS Act. Prosecution story, in brief, is that on 29.12.1999, Hari Ram Inspector, CIA, Ambala along with other police officials in government vehicle No. HR -01/4464 raided New Neelkhant Dhaba at Village Teora, G.T. Road in view of the order of I.G police and apprehended the owner of the said dhaba who disclosed his name as Kesar Singh. The police party suspected him of having opium with him and poppy husk in an envelope lying on the counter and thus on the basis of said suspicion notice under Section 50 of the Act was given to the effect that his search was to be conducted and he was asked to give his option as to whether he wanted the search on his person conducted before Gazetted Officer or Magistrate and the suspect gave reply that he was willing to get the search conducted on his person as well as of the said envelope in the presence of Gazetted Officer or nearest Magistrate. Thereafter, Hari Ram Inspector reached police station Shahabad along with suspect Kesar Singh an poly envelope and requested the SHO to call for Tehsildar and thereafter, Satish Bhardwaj Tehsildar was requested to reach in police station Shahabdad, who after receipt of information reached the police Station and the Hari Ram Inspector apprised the SHO Sher Singh, SI Puran Chand and Satish Kumar Bhardwaj about the facts of the case and on the direction of the said Satish Kumar Tehsildar when search on the person of Kesar Singh was conducted as per law then opium wrapped in polythene paper was recovered from the right side pocket of the pant of the accused and smack wrapped in paper was also recovered from the left side pocket of the pant and from the plastic bag crushed poppy husk was recovered. When the opium was weighted then it was found to be 17 grams out of which 5 grams was separated as sample. Sample and the remaining opium were converted into separate parcels and were sealed separately. When the smack was weighed the same was found to be 3.5 grams, out of which 1 grams was separated as sample and the sample as well as remaining smack were converted into separate parcels and were sealed separately. When the polythene bag containing chura post was weighed then it was found 2.800 Kgs. Out of which 100 grams was separated as sample and the sample as well as remaining chura post were converted into separate parcels and thereafter, all the parcels were sealed with seal bearing impression HR of Hari Ram Inspector and SS of SHO Sher Singh and seal impression were also taken and all the parcels were taken into possession and recovery memo was prepared which was sighed by the witnesses and attested by Satish Bhardwaj Tehsildar and on the basis of the said recovery, case under Sections 15 and 18 NDPS Act was got registered.

(2.) AFTER completion of investigation, copies of challan and other documents were supplied. Accused was charge sheeted under Sections 15, 18 and 21 of the Act on 6.4.2000 by the then Presiding Officer, Special Court, Kurukshetra, to which the accused pleaded not guilty and claimed trial.

(3.) IN order to prove its case, prosecution examined seven witnesses. Thereafter prosecution evidence was closed. In his statement recorded under Sections 313 Cr.P.C the accused denied all the allegations of the prosecution levelled against him and pleaded false implication.