JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 23.07.2005 and order of sentence dated 27.07.2005 rendered by Sh. R.K.Sondhi, the then Additional Sessions Judge, Fatehabad, whereby, the appellant was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine to further undergo simple imprisonment for a period of two years for committing an offence punishable under Section 15 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter to be called as 'NDPS Act').

(2.) AS per prosecution case, on 22.05.2004 Jagdish Parsad ASI along with other police officials was going from village Sardarewala to village Laduwas side in connection with patrol and detection of crime. In the meanwhile, a secret information was received against appellant that he indulges in sale and purchase of poppy husk. In case of raid, huge quantity of poppy husk can be recovered. The secret information was recorded into writing and sent to the senior officers. Raiding party was formed and proceeded towards the house of the appellant. On the way, Mangal Singh Chowkidar, met the police party who was joined in the investigation of this case. Raid was conducted at the house of the appellant. When police party reached the house of the appellant; on seeing the police party, he started going out of his house and also tried to ran away from the spot but was apprehended by the police. On inquiry, he disclosed his identity as Jarnail Singh son of Teja Singh. On search of the kotha, meant for keeping fodder, three bags were found lying there. Suspecting some contraband in those bags, notice under Section 50 of the NDPS Act was given to the accused giving him an option as to if he wanted, search of the aforesaid three bags conducted by some Gazetted Officer or in the presence of a Magistrate.

(3.) ACCUSED exercised his option in favour of DSP. Investigating Officer then called DSP Narender Singh telephonically. On reaching of DSP at the spot, Investigating Officer made him acquainted with the facts of the case. On DSP's directions, Investigating Officer conducted search of the aforementioned bags and found the same contained poppy husk. Two samples of 100 gms. each were separated from each bag and made into parcel and sealed with the seal of 'JP and NS'. Residues are weighed to 39.800 kgs in each bag. Each bag was separately sealed with the seal of 'JP and NS'. Investigating Officer handed over his seal after use to Constable Darshan Singh whereas DSP kept the seal with himself. All the aforementioned parcels were taken into possession by the police vide recovery memo Ex.PC. Ruqa Ex.PH was sent to the police station for registration of the case whereupon Jagdish Parsad ASI made his endorsement and recorded the formal FIR Ex. PJ. Rough site plan of the spot Ex.PL was prepared. Statements of witnesses were recorded and accused was formally arrested. Thereafter, Jagdish Parsad ASI produced accused, witnesses and case property before Krishan Lal SI/SHO along with report Ex.PD and directed ASI to hand over the case property to MHC. ASI deposited the case property along with sample and sample seal with the MHC of the police station. Report FSL is Ex.PO. After completion of necessary investigation, the challan was put in the Court.