SUKHPAL SINGH ALIAS KUKU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 22.2.1995/23.2.1995 passed by the Additional Sessions Judge (II) Bhiwani whereby appellant has been convicted under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 Lac and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) THE necessary facts for the disposal of this appeal are that on 4.1.1994, Assistant Sub Inspector Baljit Singh alongwith his police companions was on patrolling duty and present on kacha path near Pipli road railway crossing Loharu. The appellant was sighted while coming from the side of Pipli having one white plastic bag on his head and an attache case in his right hand. On seeing the police party he tried to turn back to whisk away. On suspicion the appellant was detained. Assistant Sub Inspector Baljit Singh expressed his doubt that the appellant might be in possession of some prohibited narcotic drugs and gave a notice in writing Ex. PD to him to the effect that if he so desired he could be searched in the presence of a Gazetted Officer or a Magistrate. The appellant gave a written reply Ex. PE that he wanted his search to be taken before a Gazetted Officer. On a written requisition, Deputy Superintendent of Police Loharu, reached the spot of occurrence alongwith the staff. The attache case was opened and on conducting its search a bag containing 10 kilograms chura post was recovered. A sample of 100 grams of chura post was separated. The sample as well as remaining contents were converted into separate sealed parcels with the seal of SN anD were taken into possession vide recovery memo Ex. PC. On the basis of the ruqa Ex. PF. formal F.I.R. Ex. PF/1 was recorded. Sample parcel was sent to the office of Forensic Science Laboratory, Madhuban. After completing the investigation a chargesheet against the appellant was submitted to the court.

(3.) IN support of its case the prosecution examined four witnesses. Shri S.M. Sharma (PW-1) the Deputy Superintendent of Police, Loharu, in whose presence the attache case held by the appellant is alleged to have been searched and the chura post weighing 10 kilograms was recovered. Sub Inspector Baljit Singh (PW 2) is the Investigating Officer. Const. Chhote Lal (PW 3) is witness of recovery. Assistant Sub Inspector Raghu Nath (PW 4) was posted at Station House Officer, Loharu on 4.1.1994 before whom Assistant Sub inspector Baljit Singh produced the appellant as well as the case property and who after verifying the facts and put his seal on the sample and the residue. Affidavits of M.H.C. Dharam Singh and Constable Suraj Bhan Ex. PA and Ex. PB respectively were tendered in evidence. The evidence of these two witnesses was formal in nature. Ex. P.K. is the report received from the office of the Forensic Science Laboratory, Madhuban which was tendered in evidence.