JEETO Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated December 18, 1995, passed by the Additional Sessions Judge, Bhiwani, whereby the appellant has been convicted under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo simple imprisonment for 10 years and to pay a fine of Rs. 10,000/- and in default of payment of fine, to further undergo simple imprisonment for a period of 2 years.

(2.) THE prosecution case, as can be gathered from the record of the trial court, is that on 16.6.1993, a police party headed by ASI Om Parkash, including one Satbir Singh son of Ramji Lal, was present at the crossing near Railway Station, Loharu. The appellant was sighted, having a bag on her head, coming from the front side. On seeing the police party, the appellant took a turn. She was apprehended at the spot. On an enquiry the appellant disclosed that there was poppy husk in the bag. On this reply, ASI Om Parkash along with others took the appellant before Shri Randhir Singh Boora, Naib Tehsildar (exercising the powers of an Executive Magistrate), Loharu. The search of the bag was conducted before the said Executive Magistrate and poppy husk weighing 25 kgs. was recovered. A sample of 100 gms. of the contents was separated. The sample as well as the remaining contents were converted into two separate sealed parcels with the seal of 'HS'. Ruqa (Exhibit PC) was sent to the Police Station, on the basis of which formal first information report, carbon copy of which is Exhibit PC/1, was recorded. The appellant along with the case property was produced before SI Ranbir Singh, Officer Incharge of Police Station, Loharu. After verification, the said SHO put his seat on both the parcels and then the case property was deposited in the malkhana. The sealed sample parcel was sent to the Chemical Examiner and the report-Exhibit PE was received. After completing the investigation, a charge-sheet was filed in the Court.

(3.) IN support of its case, the prosecution examined 5 witnesses. Shri Randhir Singh Boora (PW 1) is the Executive Magistrate, before whom the search of the bag, carried by the appellant, was conducted. ASI Om Parkash (PW 2) is the searching and investigating officer. Constable Mahender Singh (PW 3), MHC Satbir Singh (PW4) and HC Rampal (PW 5) have tendered their affidavits Exhibits PG, PH and PJ, respectively.