HARINDER SINGH ALIAS BHURA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction, dated 05.02.2010 passed by the learned Judge, Special Court, Karnal, vide which accused-appellant Harinder Singh alias Bhura has been held guilty and convicted for the offence punishable under Section 15(c) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") and the order of sentence, dated 08.02.2010, vide which he has been sentenced to undergo rigorous imprisonment for a period of fourteen years and to pay a fine of Rs. 1,50,000/- and in default thereof, he was further ordered to undergo rigorous imprisonment for a period of two years.

(2.) The brief facts giving rise to this prosecution are that on 12.09.2007, PW-5-ASI Satpal along with other police employees reached near village Nidana Gamdi from the side of village Kudak through main Kacha path in connection with patrolling and crime checking. When, the police party covered about 5/6 acres in the Southern side on that path, the accused-appellant was noticed putting a jute bag on the Kacha path after lifting from the paddy field. On seeing the police jeep, he set down at once in the paddy field. He was apprehended on the basis of suspicion. Two more gunny bags were found in his possession which were kept in the paddy field. ASI Satpal introduced himself and inform the accusedappellant that he suspected some narcotic substance in those bags and gave him the option for the search of the said bags in the presence of any Magistrate or Gazetted Officer and served the notice Ex.P-1 under Section 50 of the NDPS Act. Accused-appellant gave reply to the said notice which is Ex.P-2 that he does not want to get the search conducted by any higher officer. He reposed faith in the Investigating Officer. Thereafter, ASI Satpal carried out the search of all the three bags which were found containing poppy-husk. He separated two samples of 100 gms. each from each bag. On weighing the remaining poppy-husk was found 39 kg. 800 gms. each in two bags and 34 kg 800 gms. in one bag. The sample parcels and the gunny bags containing the remainder poppy-husk were sealed by the Investigating Officer with his seal bearing impression "SP" and were taken into possession vide memo Ex.P-3. The Investigating Officer also prepared the site plan of place of recovery Ex.P-7 and sent the written information Ex.P-6 to the Police Station on the basis of which the formal FIR Ex.P-5 was registered.

(3.) On return to the Police Station, ASI Satpal produced the accused, witnesses and the case property before PW-6-Inspector Ram Kumar, SHO, Police Station Taraori. He verified the facts of the case and affixed his seal bearing impression "RK" on the sample parcels and gunny bags containing the remainder poppy-husk. He directed the Investigating Officer to deposit the case property in the Malkhana of the Police Station.