NEKI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The brief facts giving rise to these appeals and to the murder reference are as under :-

(2.) On 20-1-1992, Inspector/SHO Shadi Lal (PW-2) of Police Station Sirsa, received secret information that the accused - Neki Ram, who was selling opium, could be caught if an immediate raid was conducted on him. This information was conveyed by Inspector Shadi Lal (PW 2) to Inder Dutt (PW 3) DSP Headquarters by a telephonic message and two police vehicles were called to the Police Station for the use of the raiding party. A raiding party consisting of PW-2 Inspector Shadi Lal along with ASIs Jai Singh, Birsal Singh, Ram Phal, Jagdish Lal and Lajpat Rai along with some police constables was organised and after boarding the aforesaid vehicles, proceeded for the raid to be conducted at the house of the accused. Before proceeding from the Police Station, the police party also associated one Rameshwar Dass, as an independent member of the raiding party. In the meanwhile PW-3 DSP - Inder Dutt along with his staff in another Government vehicle also joined the other officials and he too proceeded towards the house of the accused. When they reached near the house of the accused, two groups of police officers were formed, to keep vigil on the house. After 10/15 minutes the accused Neki Ram emerged from his house closely wrapped in a khes. He was duly intercepted and apprehended by the police party. A notice Ex. PB under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter called the Act) was also served on him by DSP Inder Dutt, a Gazetted Officer and the accused gave in writing that he had full faith in him and volunteered his search by him, and in token of his acceptance put his signatures on Ex. P. B. The accused was then searched by Inder Dutt, DSP and a bag was recovered from his left arm-pit and on opening it two wax papers were found, one containing opium and the other containing charas. A sample of 300 grams of opium was separated and the residue on weighment was found to be 15 Kgs (sic) of opium whereas the charas weighed 180 gms in all. Two cases were thereafter registered, one for the recovery of charas and the other for opium. The case property was thereafter deposited in the Treasury at Sirsa and the samples were sent to the Forensic Science Laboratory, Haryana, Madhuban, for analysis. On receipt of the report and after completion of the necessary investigation, the accused was charged for offences punishable under Sections 17/18 of the Act and on pleading not guilty he was brought to trial.

(3.) The prosecution in support of its case examined PW-1 Chattar Singh, PW-2 Shadi Lal Inspector and DSP Inder Dutt PW-3, who had issued the notice under Section 50 of the Act and tendered into evidence various documents relevant to the prosecution's case.