PIARA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried for committing an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for being found in possession of 30 kgs of poppy husk. Vide judgment and order dated 15/19.7.2005, the Additional Sessions Judge, Fatehabad, convicted the appellant for the aforementioned offence and sentenced him to undergo simple imprisonment for a period of two years and to pay a fine of Rs. 15,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of six months.

(2.) In nutshell, the prosecution case is that on 4.5.2003, ASI Balwant Singh, alongwith his fellow officials, was going from City Fatehabad to village Bhodia Khera for patrolling. On the way, he came across Niranjan Singh-Sarpanch, who was associated with the party. While they were talking to each other, the appellant was seen coming from the side of village Bhodia Khera with a gunny bag on his head. On seeing the police party, the appellant removed the bag from his head and sat on the ground on the pretext of passing urine. This arose suspicion in the mind of ASI Balwant Singh, who after enquiring from the appellant his identity, served a notice under Section 50 of the Act. Pursuant thereto, the search of the bag led to recovery of 30 kgs of poppy husk. Two samples of 100 grams each were separated from the bulk. Case property and the samples were taken into possession. Ruqa was prepared and sent to Police Station City, Fatehabad and on its basis FIR No. 215 dated 4.5.2003 under Section 15 of the Act was registered against the appellant.

(3.) Having heard learned counsel for the parties and on going through the record of the case, this Court finds that the prosecution has remained successful in establishing the guilt of the appellant. The objection of the defence regarding noncompliance of the provisions of Section 50 of the Act pales into insignificance as the recovery was not effected from the person of the appellant but from the bag which he was carrying on his head and on seeing the police party had removed it and placed it on the ground.