ANARI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been preferred by Anari Devi and Raj Kumar @ Raju Dube impugning the judgment and order dated 23.10.2009 and 26.10.2009 respectively passed by the learned Additional Sessions Judge-III, Bhiwani whereby they have been convicted for the offence punishable under Section 20/29 of the Narcotic Drugs and Psychotropic Substance Act (for short 'NDPS Act'), 1985 and sentenced to undergo rigorous imprisonment for a life besides to pay a fine of Rs. 1,00,000/- and in default thereof to undergo simple imprisonment for six months.

(2.) It is pointed out by Sh. Sandeep S. Mann, Senior DAG, Haryana that appellant No. 1 Anari Devi has passed away in custody on 22.01.2010. Therefore, appeal qua appellant No. 1 Anari Devi stands abated in terms of Section 394 Cr.P.C. Present appeal survives only qua respondent No. 2 Raj Kumar @ Raju Dube.

(3.) Brief facts of the case are that on 18.10.2008 ASI Manphool, PW10 was present at platform No. 3 railway station, Bhiwani alongwith other police officials on duty. Train No. 4519 arrived at the station and routine checking of the passengers was being carried out. A lady holding one white plastic bag (katta) in her right hand alighted from the train. On seeing the police party, she turned back and started walking briskly. She was apprehended on suspicion. She revealed her name to be Lilawati w/o Babu Lal resident of Padwana. She, however, disclosed her name to be Anari Devi on 20.10.2008 and resident of village Ram Nagar Billa, Hari Nagar and not of village Padwana as mentioned earlier. Notice under Section 50 of NDPS Act was served upon her expressing suspicion that she was carrying some contraband in a bag held by her and she had a right to get the search conducted before any other Gazetted Officer or a Magistrate. She opted for a search before Gazetted Officer. Consequently, PW5, Deputy Superintendent of Police (DSP) Randhir Singh Rana, HPS GRPS, Hisar was telephonically intimated to reach the spot alongwith his staff. Facts were disclosed to him. On his direction white bag held by appellant - Anari Devi was weighed and charas weighing 5 kg 500 gram was recovered. Two samples of 100 gram each were separated. Residue was put back in the same bag. Separate parcels of the residue and the samples were prepared and sealed with his seal 'RS'. DSP also affixed his seal 'HS' on all the parcels. Seal after use by ASI Manphool Singh was handed over to Head Constable Om Parkash. Seal was retained by DSP Randhir Singh. Parcels were taken in possession vide memo Ex. PW2/A.