RAJPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 19.07.2004, passed by learned Judge, Special Court, Panchkula, vide which accused-appellant Rajpal has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on the quantum of sentence of dated 21.04.2004, vide which the accused-appellant has been sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of 06 months.

(2.) In nutshell, the allegations of the prosecution are that on 30.11.2002, ASI Mange Ram (the Investigating Officer of the case) along with other police officials, on receiving the secret information, proceeded towards Ramgarh Dhaba for conducting the raid. In the way, Telu Deen, Ex. Sarpanch resident of Tehna Distt. Panchkula met them and he was also joined in the raiding party. Meanwhile, the accused-appellant was seen coming from the side of Ramgarh road on foot carrying a bag (katta) on his shoulder. He was apprehended by the police officials. The Investigating Officer apprised the accused-appellant of his right to get his search conducted in the presence of any magistrate or a gazetted officer by serving the notice under Section 50 of the Act Ex.PC. The accusedappellant opted for his search to be conducted in the presence of a Magistrate. Ashwani Kumar Sharma, Tehsildar-cum-Executive Magistrate, Panchkula was informed through Constable Surinder Kumar and he reached at the spot. The contents of the bag were checked in the presence of Ashwani Kumar Sharma, Tehsildar-cum-Executive Magistrate and the witnesses, which led to the recovery of 30 kilograms of poppy husk. Two samples of 01 kilograms each were separated from the bulk. Separate sealed parcels of the sample parcels and residue were prepared and were sealed with the seals bearing impressions 'MS' and 'JS'. The seals were handed over to independent witness Telu Deen after use. The contraband was taken into possession vide memo Ex.PA. Investigating Officer sent the ruqqa Ex.PG, on the basis of which formal FIR Ex.PG/1 was registered. The accused-appellant was arrested.

(3.) On return to the police station, the accused-appellant along with the case property and the witnesses were produced before SI Virender Kumar, SHO Police Station-Chandimandir, who verified the case property and put his seal 'VD' on all the three parcels. The case property in intact condition was deposited with the Mohrir Head Constable. The sample parcel was sent to the Forensic Science Laboratory, Madhuban for examination. On receipt of the report of the FSL Ex.PF and on completion of formalities of investigation, report under Section 173 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') was presented in the Court.