SUKHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 8/9.5.1995 passed by Sh. B.M. Bajaj, Additional Sessions Judge, Karnal convicting and sentencing Sukha Singh appellant to 10 years rigorous imprisonment and to pay fine of Rs. 1,00,000/- on the charge drawn up against him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) THE prosecution case, in brief, is that on 28.9.1993, ASI Jarnail Singh of CIA Staff, Karnal along with HC Kuldeep Singh, Constable Surender Kumar and Constable Raj Kumar reached Yamuna Bandh in the area of village Manglora under the jurisdiction of P.S. Sadar, Karnal in connection with patrolling and detection of crime. Sukha Singh was found sitting on 3 gunny bags towards Yamuna side. On being questioned, he disclosed his name as Sukha Singh s/o Bir Singh, Caste Jat Singh r/o Dera Keratu, P.S. Jhinjhana, District Muzafar Nagar (U.P.). He was captured. At the outset, ASI Jarnail Singh asked him that he would like to subject the gunny bags to search and whether he would like that gunny bags to be subjected to search in the presence of a gazetted officer. Thereupon, the accused replied that he would like the gunny bags to be subjected to search in the presence of some gazetted officer. Raj Kumar, Constable was sent to bring some Gazetted Officer from head-quarters, Karnal. Sh. Raj Kumar, DSP, Headquarters, Karnal came to the spot alongwith Constable Raj Kumar. In the presence of Sh. Raj Kumar, Deputy Superintendent of Police, ASI Jarnail Singh searched those gunny bags and those were found to contain poppy husk each weighing 40 kilograms. Poppy husk weighing 200 grams was taken out of each of the gunny bags. Each of the gunny bags was sealed with seal bearing impression 'JS'. Samples of poppy-husk were put in separate pieces of cloth and those pieces of cloth were made into parcels and sealed with the seal of 'JS'. Samples and gunny bags made into parcels and sealed were taken into possession vide memo Exhibit PB attested by HC Kuldip Singh, Constable Raj Kumar and DSP Raj Kumar, Headquarters, Karnal. Rough site plan Exhibit PC was prepared at the spot. Ruqa Exhibit PA was sent to the Police Station Sadar, Karnal, on the basis of which case was registered vide formal first information report Exhibit PA/1 at P.S. Sadar, Karnal. The entire case property duly sealed was produced before S.I. Dharam Pal, SHO, P.S. Sadar, Karnal. He verified the investigation and affixed his own seal 'DP' on the case property including the sample parcels. Thereafter, the entire case property was deposited in the Malkhana. Samples were sent to the Chemical Examiner for chemical examination. Chemical Examiner vide report Exhibit PZ reported that the samples were of Poppy-straw (Choorapost) of Papaver Somniferum. After investigation, Sukha Singh was challaned under Section 15 of the Narcotic Drugs and Psychotropic Substances Act,1985.

(3.) AT the conclusion of the trial, Sukha Singh was convicted and sentenced as indicated in the earlier part of this judgment.