DARSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Darshan Kumar has filed this appeal against the judgment of conviction dated 16.10.2003, rendered by Mr. Raj Kumar, the then Additional Sessions Judge, Panipat, whereby the appellant was convicted for committing offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 for keeping in his possession 21 KG of poppy straw and vide order of even date sentenced RI for one year and a fine of Rs. 2000/- with default clause.

(2.) Brief facts of the prosecution case are like this; that on 11.05.2002, the police party, headed by ASI Shri Krishan, was present at Bus Stand, Panipat. There, the accused was apprehended on the basis of suspicion having two bags. Thereafter, by giving notice under Section 50 of NDPS Act (Ex. PD), the accused was given offer to be searched either in the presence of a Magistrate or a Gazetted Officer, to which he opted to be searched by the Investigating Officer. On search, 11 packets of poppy straw from one bag and 10 packets of poppy straw from the second bag were recovered. Each packet was containing 1 KG poppy straw. From each bag 1 packet was taken out. Two samples of 250 grams were taken from each bag.

(3.) Remaining poppy straw was put in the same bags and the same were made into two separate parcels. All the parcels were sealed with the seal of 'SK' and were taken into police possession, vide recovery memo (Ex. PE). The seal after use was handed over to Constable Devender Singh. Ruka was sent to the police station on the basis of which formal FIR No. 351 dated 11.05.2002, under Section 15 of NDPS Act, 1985, PS-City Panipat, was recorded. Rough site plan of the place of recovery was prepared. Statements of the witnesses were recorded. Thereafter accused, witnesses, case property, sample parcels and impression seal were produced before Inspector Randhir Singh, who verified the same and affixed his seal 'RS' on all the parcels. Case property was deposited with the MHC of the police station. After completion of investigation, challan was prepared and sent to the Court for trial.