PADAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 5.12.1995/6.12.1995 passed by the Additional Sessions Judge, Jagadhri, whereby the appellant has been convicted of an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo Rigorous Imprisonment for 12 years and to pay a fine of Rs. 1 lac and in default of payment of fine, to further undergo Rigorous Imprisonment for three years.

(2.) THE facts necessary for the disposal of this appeal are that on 6.3.1994, A.S.I. Kuldip Singh of Police Station Kalanaur, alongwith his companion police officials and Barkha Ram Sarpanch, was present at Kalanaur barrier. The appellant was sighted coming from the side of the Railway Station having a jute bag on his head. On seeing the police party, the appellant tried to take a turn on the link road towards village Kalanaur. Suspicion having arisen, Assistant Sub Inspector Kuldip Singh apprehended the appellant. Suspecting that the jute bag might be containing powdered poppy husk, Assistant Sub Inspector Kuldip Singh inquired from the appellant as to what the jute bag contained ? The appellant disclosed that the same contained powdered poppy husk. On it, Assistant Sub Inspector Kuldip Singh gave an option to the appellant that if he so desired, the search could be conducted before a Gazetted Officer. The appellant reposed confidence in Assistant Sub Inspector Kuldip Singh. However, as a matter of precaution, Assistant Sub Inspector Kuldip Singh flashed a wireless message on which Shri Jaswant Singh Lamba, D.S.P. (PW-1) reached the spot. On conducting the search of the jute bag, the same was found to contain 22 kilograms of powdered poppy husk. Contents weighing 250 grams were separated by way of sample. The sample contents and the remaining contents were converted into two sealed parcels with the seal of 'KS' and seal after use was handed over to Barkha Ram, Sarpanch. Ruqua Ex. PE was sent to the Police Station for the registration of a case on the basis of which formal F.I.R. Ex. PE/1 was recorded. The sealed sample parcels were sent to the office of Forensic Science Laboratory. After the receipt of the report, a charge-sheet was submitted to the Court.

(3.) IN support of its case, the prosecution examined six witnesses. Shri Jagwant Singh Lamba (PW-1), Shri Barkha Ram (PW-4) and Head Constable Raj Kumar (PW 5) are the witnesses to the recovery. Assistant Sub Inspector Kuldip Singh is the searching and Investigating Officer. Additional Station House Officer Ombir Singh (PW 2) had prepared the charge-sheet under Section 173 of the Code of Criminal Procedure (hereinafter referred to as the Code) against the appellant. Head Constable Naresh Kumar (PW 3) had recorded the formal FIR Ex. PE/1 on receipt of ruqua Ex. PE through Constable Jagdish Singh. Affidavit Ex. PB of MHC Zile Singh, Ex PC affidavit of Constable Rattan Singh and Ex. PD, the report of the Chemical Examiner were tendered in evidence.