JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal arises out of a judgment dated 13/7/1995 passed by learned Additional Sessions Judge, Kurukshetra, in Sessions Trial No. 16 of 1994 (Sessions Case No. 17 of 1994), holding the accused-appellant guilty of an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, Against order of Dhani Ram, Addl. Sessions Judge, Kurukshetra, D/- 13 and 14/7/1995. 1985 (for short 'the Act') and sentencing him to undergo RI for ten years with a fine of Rs. 1,00,000.00. In default of payment of fine, the accused-appellant was directed to undergo RI for one year. It appears that this matter was heard earlier and disposed of vide an order dated 21/3/1997 and thereafter, in Crl. Appeal No. 101 of 1998 preferred by the State of Haryana, Hon'ble the Apex Court vide a judgment dated 17/8/2004, remitted the case for afresh consideration on the ground that this Court while, disposing of the criminal appeal, recorded acquittal on the sole ground that Section 50 of the Act was not complied with, whereas the said provision has no relevance in this case as the contraband item in question had been recovered from a tanker and not from search of the person of the appellant.

(2.) The brief facts of the case giving rise to the present appeal are that on 3-1-1994, a secret information against the accused was received by Sub-inspector/Station House Officer Javed Khan, Police Station, Shahbad, where Janak Raj Sarpanch, a resident of Tyora, was present in connection with his private work. As per the secret information, accused Jaswant Singh alias Sethi, driver of Tanker No. URM-4757, was carrying a huge quantity of poppy straw from Babain Road to Shahbad. If prompt action was taken, he could be arrested on the spot with the contraband. An FIR was registered by the SHO/SI on that basis. The DSP, Headquarter, was informed telephonically about it. Thereafter, SI Javed Khan accompanied by police personnel, namely, ASI Prem Chand, Constable Darshan Singh, and Shyam Singh, and independent witness Janak Raj left in Government Vehicle No. HR-07-1746, driven by Constable Gurbachan Singh and laid a blockade/ nakabandi on T point on Babain Shahbad road near new grain market. ASI Jarnail. Singh along with H. C. Banarsi Dass, Constables Om Parkash, Tara Chand, Bahadur Singh and Samey Singh also left in Gypsi PCR No. HR-07/1746, driven by Constable Virender Singh for laying blockade/ Nakabandi on Babain road. After some time, the tanker (URM-4757) reached the spot. It was stopped by the SI/SHO. The driver, i.e., accused was apprehended on the spot. He was served with notice (Ex. PG/1), in connection with the search of his tanker. He opted that his tanker could be searched before a Gazetted Officer. Accordingly, the DSP, Headquarter, was requested to reach the spot. On the arrival of the DSP with his staff in a Government vehicle (HNQ-6913), the tanker was searched in his presence. 92 plastic bags containing contraband poppy straw, were recovered from the tanker. On weighment, each bag was found to contain 20 kgs of poppy straw. A sample of 250 grams of poppy straw was taken out from each bag. The samples and the residue were put into different parcels. The parcels were sealed by affixing the seals 'JK' and 'RS'. The entire case property and the tanker were taken into possession vide a recovery memo (Ex.PA). The accused could not produce a permit or licence for keeping the poppy straw in his possession. Hence, he was arrested. The statements of the witnesses were recorded under Section 161, Cr.P.C. On receipt of report of the Chemical Examiner and completion of investigation, the police laid a challan under Section 15 of the Act against accused Jaswant Singh for trial.

(3.) I have heard learned counsel for the parties and perused the record.