CHANNI @ GURCHARAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated March 13,1996 passed by Additional Sessions Judge, Jind by which the appellant was convicted under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo R.I for a period of ten years and to pay a fine of Rs. 1,00,000.00 and in default of payment of fine to further undergo R.I. for a period of two years.

(2.) The brief facts of the prosecution case are that on April 12,1995. A.S.I. Badan Singh along with other police officials including constable-Rameth and Ram Kumar was on patrol duty and when the police party reached near bus-stand, Garhi, accused Channi @ Gurcharan Singh was seen coming from the opposite side holding a plastic bag in his hand. On seeing the police party, the accused became perplexed and tried to turn back but he was apprehended on suspicion. Thereafter, A.S.I. Badan Singh served a notice, Ex.PC, under Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Act) on the accused apprising him that he was suspected to be in possession of some contraband and, accordingly, his plastic bag was to be searched. The accused was further informed that case he had any objection to the search being conducted by A.S.I Badan Singh, he could be produced either before a Magistrate or some Gazetted Officer. In his reply to the notice, Ex.PD, which was thumb-marked by the accused and attested by constables Ram Kumar and Ramesh Kumar, the accused expressed his desire to be searched either by a Magistrate or some Gazetted Officer. Accordingly, a wireless message was sent to the Police Station, Garhi and Subhash Yadav, D.S.P., Narwana was contacted who directed ASI Badan Singh to produce the accused along with case property and other members of the police party before him. On reaching his office, D.S.P: Subhash Yadav disclosed his identity to the accused and directed A.S.I. Badan Singh to open the bag, P-l, carried by the accused, and it was found to contain poppy- husk wrapped in a white coloured polythene paper. 250 grams of poppy husk was separated as sample and the residue was found to be 2 Kgs. 250 grams. Both the sample and the residue were separately sealed with seal S. Y and B.S and taken into possession vide recovery memo, Ex.PA, attested by D.S.P. Subhash Yadav and Constables Ramesh Kumar and Ram Kumar. Seal S.Y. of D.S.P. was retained by him after use, while seal B.S. of Badan Singh A.S.I. was handed over to PW-5 Constable Ramesh Kumar. Thereafter, Investigating Officer, A.S.I. Badan Singh sent ruqa, Ex.PB, through Constable Krishan Chand to the police station City, Jind for registration of a case; on the basis of which formal F.I.R. Ex.PB/1 was recorded. From the office of D.S.P., Narwana, the police party went back to the spot where from the accused was apprehended and the Investigating Officer prepared site plan, Ex.PE, with its correct marginal notes, recorded the statements of the PWs and on return to the Police Station, Garhi at about 8.30 P.M. the case property, Ex.Pl, Sample and seal impressions were deposited with the MHC Jagdish Chand and the accused was put behind the Bar. The contents of the sample were opined by the Assistant Chemical Examiner, to be that of poppy husk, vide his report, Ex.PZ.

(3.) To prove its case, the prosecution examined PW-1 Subhash Yadav, D S P., PW-2 Bhim Singh, Sub-Inspector, PW-3 Jagdish Chandcr, M.H.C., PW-4 Rajinder Singh, Constable, PW-5 Ramesh Chand, Constable, PW-6 Badan Singh, A.S.I. and PW-7 Kuldeep Gupta, Draughtsman.