LAKHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Lakha Singh of Village Malikpur, Police Station Safidon, District Jind, has filed this appeal, impugning his conviction for an offence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentence of 10 years awarded to him coupled with a fine of Rs.1 lac. He is also directed to undergo RI for two years in case of default of payment of fine.

(2.) The case of the prosecution, in brief, is that on 3.1.2002, ASI Ganga Ram was present at Bus Stand, Malikpur, in connection with patrolling duty. At that time, he was accompanied by Head Constable Ramesh Chand, Constable Subhash Chand and another Constable Ramesh Kumar. One Ram Niwas had joined the police party at the Bus Stand. During this time, ASI Ganga Ram received a secret information that appellant, Lakha Singh was dealing in the sale of poppy husk and at present was in possession of two bags, which were kept in his residential Dera situated at Salwan Road, Malikpur. As per the information, the appellant could be apprehended with two bags of poppy husk in case the raid was conducted. Considering this information to be reliable and trustworthy, ASI Ganga Ram decided to raid the place. He also made an attempt to join an independent witness but none agreed as they showed their helplessness. Before proceeding further, ASI Ganga Ram reduced this secret information into writing and sent the same through Constable Ramesh Kumar to Deputy Superintendent of Police, Safidon. He alongwith other police officials went to the residential Dera of the appellant.

(3.) On reaching the place, the police party found one person present there, who was apprehended. On interrogation, he disclosed his identity as Lakha Singh (appellant). ASI Ganga Ram served a notice on him to the effect that he suspected presence of some contraband at the Dera and so he wanted to search the place. ASI Ganga Ram gave an option to the appellant in case he wished to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant, however, reposed confidence in ASI Ganga Ram, which was reduced into writing and signed by the appellant. On search of the Dera, two gunny bags were found containing poppy husk. A sample of 200 grams each was separated from the bags and the residue quantity, on weighment, was found to be 41 Kgs. in each bag. The samples and the bags were separately sealed and the seal bearing impression 'GR' put thereon. Sample of the seal was also prepared and taken into police custody. Seal, after use, was handed over to Constable Ramesh Chand. A ruqa was sent through Constable Subhash Chand, on the basis of which FIR No. 5 dated 3.1.2002 was registered under Sec. 15 of the Act. Investigating Officer prepared the site plan of the place from where the recovery was effected. He recorded the statements of various witnesses under Sec. 161 Cr.P.C. The parcels etc. were produced before SI Hans Raj, SHO, Police Station Safidon, who verified the factum of recovery and fixed his seal 'HR' on the parcels. Case property was deposited in the Malkhana of Police Station and the appellant taken into custody. Samples were also sent to FSL for examination and on receipt of the report of the Chemical Examiner, the challan was presented, leading to trial of the appellant, his conviction and the sentence as afore -mentioned.