HARDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been filed by Hardeep Singh -appellant challenging the impugned judgment of conviction and order of sentence dated 1.4.2004/3.4.2004 passed by learned Judge, Special Court, Karnal, whereby he has been held guilty and convicted for the offence under Sec. 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). He has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to further undergo rigorous imprisonment for four months for the offence under Sec. 15(b) of the Act.

(2.) The brief facts of the prosecution case are that on 6.12.2011, ASI Varinder Singh of CIA -II, Karnal along with other police officials was present at Bus Stand, Dachar, in connection with detection of crime. In the meanwhile, ASI Varinder Singh received a secret information that accused Hardeep Singh used to sell poppy straw at his house situated in the eastern side of the village and on that day he was selling the poppy straw at his residence. On this information, ASI Varinder Singh sent 'Ruqa' Ex.PA to the police station and conducted raid at the house of the accused after joining Joga Singh son of Asa Singh and Joga Singh son of Santokh Singh, but they refused to give any statement in the Court and agreed to accompany the raiding party. Accused Hardeep Singh found present at his house dragging two plastic bags into his house, who on seeing the police party left the bags there and tried to run away but he was apprehended. Offer regarding search was made to him. He opted for his search in the presence of a Magistrate. The public witnesses were freed at the spot. Thereafter, ASI Varinder Singh along with accused, two bags and witnesses came to the Tehsil Office, Nissing and produced them before Shri Lehna Singh, Naib Tehsildar. Then the search was made as per rules. 200 Grams of poppy straw was separated as sample from each of the bags and the remaining poppy husk on weighment came to be 19.800 Kgs. of each bag, which was put in those very bags. The parcels of the samples as well as remainder poppy husk were sealed with the seal of 'VS' and taken into police possession vide memo Ex.PE. On return to the Police Station, the case property and witnesses were produced before SI Bhagat Ram, the then SHO of Police Station Nissing, who also verified the facts of the case from the accused and witnesses and affixed his seal bearing impression 'BS' on the samples and remainder parcels and on his direction the case property was deposited in intact condition with the MHC. The sample in question was sent to FSL, Madhuban for analysis which was found to be poppy husk and the report Ex.PF of the FSL was received. The accused was arrested. The statements of witnesses were recorded. After necessary investigation, the challan was presented in the Court.

(3.) On presentation of challan, the trial Court finding prima facie case against the accused -appellant framed charge for the offence under Ss. 15 of the Act, to which the accused pleaded not guilty and claimed trial.