HARDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 20.07.2004, passed by the learned Judge, Special Court, Kurukshetra, vide which accused-appellant Hardev Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after called the 'Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) As per the prosecution case, on 11.02.2002 PW8 ASI Naresh Kumar, the Investigating Officer of the case, along with other police officials was present near Bus Stand Tukar on patrol duty. On the basis of a secret information received by the Investigating Officer that accused-appellant Hardev Singh is coming from Punjab for selling poppy husk in the nearby village, they held a picket near the Bus Stand. After 20-25 minutes, they saw that the accused-appellant was coming from the side of Punjab. He was apprehended. The Investigating Officer serviced notice under Section 50 Ex.PG upon the accused. Vide his reply Ex.PG/1, the accused-appellant opted to be searched before a Gazetted Officer. The Investigating Officer produced the accused and witnesses before PW5 Rajbir Singh Dhiman, Tehsildar, Pehowa in his office and in the presence of the Tehsildar, the plastic bag carried by the accused was checked. It was found containing poppy husk. 250 grams of poppy husk was taken out as sample and the residue came to be 1 kilogram. The sample as well as residue were sealed in separate parcels with the seals bearing impression 'NK' and 'RD' and all these articles were taken into possession vide recovery memo Ex.PE. The seal of the Investigating Officer, after use was handed over to HC Amar Nath, whereas the Tehsildar retained his seal with him. The accused was arrested vide arrest memo Ex.PH. Ruqqa Ex.PC was sent to the police station. On the basis of which, formal FIR Ex.PC/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PK.

(3.) Thereafter, the Investigating Officer proceeded for the Police Station and on the way, they met Niranjan Singh, SI/SHO Police Station Pehowa at Pehowa Chowk. He produced the accused along with the case property and the witnesses before the SHO, who put his seal bearing impression 'NS' on the parcels of the case property. The Investigating Officer also submitted the report Ex.PF under Section 57 of the Act before SHO Niranjan Singh, upon which he made his endorsement Ex.PD and the said report was forwarded to Shri Charanjit Singh, D.S.P. Pehowa, who made his endorsement Ex.PD/1. Thereafter, the case property was deposited with the Moharir Head Constable. The sample was sent to the Forensic Science Laboratory, Haryana, Madhuban for examination. After completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-inafter called 'Cr.P.C.') was presented in the Court.