RAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 15.7.2004, Gurmit Singh, ASI, Police Station Sadar, Sirsa, along with some other police officials was present at Kelnia-Jhoradnali road in connection with patrolling. A jeep bearing No.RRF-5844 was seen coming from the side of Jhoradnali. The jeep was stopped and searched. There was one another occupant who escaped. The driver of the jeep, who is the appellant, was apprehended on the spot. On search, two bags were found in the back side of the jeep. Suspecting the bags to contain some contraband, a notice under Section 50 of the N.D.P.S. Act was served upon the appellant but he expressed his faith in the police team present over there and agreed to be searched by them. On opening of the bags, it was found to contain poppy straw weighing 41 kilograms in each bag. Two samples of 100 grams each were Crl. Appeal No.1672-SB of 2005 2 removed from the bags, made in two parcels and sealed in accordance with the procedure prescribed by law. The jeep, along with its registration certificate, was also seized vide a separate memorandum. F.I.R. (Ex.PW- 5/E) was got registered at Police Station Sadar, Sirsa. Rough site plan (Ex.PW-5/F) and a report under Section 57 of the N.D.P.S. Act was prepared at the spot.

(2.) The samples so seized were sent for chemical analysis and after going through the necessary investigative process, a challan under Section 173 of the Cr.P.C. was presented against the appellant. The appellant was charge-sheeted for having committed the offence under Section 15 of the N.D.P.S. Act, to which he pleaded not guilty and claimed trial.

(3.) In support of its case, the prosecution examined as many as six witnesses and also tendered into evidence the report of the Forensic Science Laboratory (Ex.P-X and Ex.P-Y). In the statements recorded under Section 313 of the Cr.P.C., the appellant denied the allegations against him and pleaded false implication. In his defence, he produced two witnesses namely Harpat Ram as DW-1 and Jaswinder Singh, Head Constable, Police Station Sadar, Sirsa as DW-2. The trial court, after appraisal of the evidence before it, found the appellant guilty of having committed the offence under Section 15 of the N.D.P.S. Act and went on to convict him to under the R.I. for 10 years and also to pay a fine of Rs.1 lakh.