BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Balbir Singh has filed the present appeal challenging the judgment and the order passed by the learned Additional Sessions Judge, Karnal dated 26.10.1994 and the order of sentence dated 28.10.1994 respectively. The learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and, Psychotropic Substances Act, 1985 (for short the Act') and sentenced the appellant to undergo rigorous imprisonment for a period of 10 years and a fine of Rs. one lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for 2 years.

(2.) THE relevant facts of the prosecution case alleged were that on 5.8.1993 ASI Ramji Lal was accompanied by HC Ashok Kumar, HC Nathi Ram, HC Kattar Singh and C. Rajinder Singh. They were present near village Manglora. The appellant was seen coming from the side of Yamuna Bridge on a kacha passage. He was holding a bag on his head. On seeing the police party, he turned back and started walking rapidly. This aroused the suspicion of the police party. He was stopped. It was apprehended that he may be carrying some contraband articles. ASI Ramji Lal asked the appellant whether he would give the search of the bag to him or in the presence of some Gazetted Officer. The appellant expressed his desire that search be effected in presence of Gazetted Officer.

(3.) A message was sent to the Police Control Room, Karnal for arranging the presence of a Gazetted Officer at the spot. In about 45 minutes Deputy Superintendent of Police Chanda Singh of Anti Extremists Cell, Karnal came. The bag was searched and was found to contain poppy husk. 200 grams was taken as the sample. The remaining bulk was found to be weighing 25.800 Kilograms. The representative sample and the rest of the poppy husk were converted into separate parcels and sealed with the seal of 'RL'. They were taken into possession vide a recovery memo. The seal after use was handed over to HC Ashok Kumar.