LAKHVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgement/order dated March 1, 1995 and March 2, 1995 passed by Additional Sessions Judge, Kaithal whereby the appellant has been convicted for an offence 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 a period 10 years and to pay a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) The prosecution case lies in a narrow compass. On 15-10-1991, Sub Inspector Deep Chand of Police Station Guhla alongwith other police officials was on patrolling duty and was passing through Agondh in the area of Daban Kheri. He noticed that one person had concealed himself behind the heap of 'Paroli.' On suspicion, he was detained and questioned. On suspicion 'paroli' was removed and 36 bags were found lying concealed therein. Sub Inspector Deep Chand wanted to take search of the bags and as such made an offer to the appellant, if he wanted the search to be made by him or a Gazetted Officer. The appellant gave his consent vide memo Ex. PF that the search could be taken by the said Sub Inspector. On taking search of the bags, the same were found to contain poppy husk. Each of the 36 bags was found to contain 40 kilograms of poppy husk. One sample weighing 250 grams of the contents was taken out from each of the said 36 bags, the said samples and the gunny bags were then sealed with the seal of DC and were seized vide memo Ex. PC. Sample of the seal impression was also retained and the seal after use was handed over to Head Constable Suraj Bhan. Ruqa Ex. PD was sent to the Police Station on the basis of which First Information Report of this case was recorded, copy of which is Ex. PD/1.

(3.) Site plan of the spot of occurrence was prepared. The appellant was arrested. The appellant and the gunny bags were produced before the D.S.P. who checked the contents of the gunny bags and resealed with the seal of RS. The samples were sent to the Forensic Science Laboratory and on the receipt of the report of the Chemical Examiner, the investigation was completed and a charge-sheet was filed against the appellant.