RAVINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21.9.1985 passed by the Additional Sessions Judge, Jind, by which Ravinder, appellant has been convicted under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to undergo further R.I. for a period of two years.

(2.) BRIEFLY stated, on June 29, 1994, HC Fakir Chand (PW-5) was holding a naka at Data Singhwala barrier. While checking an Haryana Roadways bus coming from Narwana side, he apprehended the appellant on suspicion. Thereafter, HC Fakir Chand sent a verbal message to Sub Inspector Om Parkash, who was on patrol duty near Pepsu Hotel, close to village Ujhana. On receipt of message, SI Om Parkash immediately reached the spot where HC Fakir Chand produced before him the appellant alongwith a gunny bag alleged to contain contraband. Thereafter S.I. Om Parkash served a notice, Ex.PB, on the accused apprising him about his right to be searched in the presence of a gazetted officer or a Magistrate, to which the accused desired to be searched in the presence of a gazetted officer. Accordingly, S.I. Om Parkash sent a verbal message to Shri Sukhdev Singh, DSP, Narwana, who came to the spot at 12 noon, disclosed his identity to the accused and directed S.I. Om Parkash to open the gunny bag, Ex.P-1, which was being carried by the accused at the time of his apprehension. On search of the said gunny bag, 18 kgs. 250 grams of poppy husk was recovered, out of which 250 grams were separated as sample. Both the sample and the remaining quantity of contraband were separately sealed with seal bearing impression 'BS' and taken into possession vide recovery memo, Ex.PA, duly attested by Sukhdev Singh, DSP, HC Balbir Singh and HC Fakir Chand. The seal after use was handed over to HC Balbir Singh. Thereafter, the Investigating Officer sent ruqa, Ex.PC to the police station, Garhi; on the basis of which formal FIR, Ex.PC/1 was recorded, prepared rough site plan, Ex.PD, of the place of recovery with correct marginal notes, recorded the statements of the witnesses, arrested the accused and on return to the police station, deposited the case property, with seal intact, alongwith seal impression, with MHC Phool Kumar. On receipt of the report, Ex.PZ, of the Chemical Examiner and after completion of investigation, the challan was presented against the accused.

(3.) PW .3 is Constable Ishwar Singh who had taken the sample of poppy husk to the office of F.S.L., Madhuban vide R.C. No. 321 dated 4.7.1994 and he categorically stated that so long as the sample remained in his custody, he did not tamper with the same nor allowed anybody to tamper with it. He also produced his affidavit, Ex.PX.