BALWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9th May, 1995, passed by the Additional Sessions Judge, Sirsa. By this judgment, the learned Additional Sessions Judge has convicted the appellant-Balwinder Singh @ Binder Singh under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act) for possession of 36 Kgs. opium and has sentenced him to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. one lac. In default of payment of the fine, the appellant shall further undergo rigorous imprisonment for two years.

(2.) AS per the case of the prosecution, on 28th November, 1993, Inspector Om Parkash, CIA Sirsa (PW 3) was on patrol duty in the area of Sahuwala when he received secret information that appellant-Balwinder Singh was likely to bring opium in a tractor. On this information, a raiding party was formed and an independent witness namely Kesar Singh (PW 6) was also associated and when the raiding party reached at a distance of 2 kms. from the bridge. Mewar Minor village Sahuwala, an Eicher tractor being driven by the appellant was seen coming from the opposite side and the appellant on seeing the police vehicle, started turning the tractor towards the left side of the embankment of the canal. PW 3 on suspicion stopped the vehicle and apprehended the accused with the help of accompanying persons. On checking one plastic bag, the mouth of which was tied, was found in between the left mudguard and seat of the tractor. On suspicion, a notice in writing was given to the appellant stating therein "I suspect that opium can be there in the plastic bag kept on your tractor and some Gazetted Officer or Magistrate can be called at the spot if you so desire." This notice which is exhibit PW was duly acknowledged by the appellant. Thereupon, the appellant expressed the desire that some Gazetted Officer may be called at the spot for search. On this PW 3 informed the Superintendent of Police Sirsa through wireless and after sometime, Shri Moti Lal, D.S.P., Sirsa (PW 7) along with his staff reached the spot. The plastic bag was searched in his presence and opium in a wax paper was recovered from the bag. Out of the recovered opium, 50 gms. opium was separated as sample and a parcel thereof was prepared and the remaining opium was weighed which came to be 35 kgs. 950 gms. The aforesaid remaining opium was put into 2 tins and parcels thereof were prepared. The sample of opium and the parcels of tins were sealed with the seal bearing superscription 'OP' and taken into possession. The seal after use and retaining its specimen, was handed over to Krishan Chander Head Constable (PW 2). Thereafter PW 3 sent ruqa Exhibit PA through Constable Veer Bhan and formal FIR Exhibit PA/1 was recorded at the Police Station Baragudha by SI/SHO Lachhman Singh. PW 3 arrested the accused, recorded the statements of the PWs and prepared the rough site plan Exhibit PD and on return to the Police Station, the case property was duly deposited with the MHC and the appellant was lodged in the lock up. PW-3 also submitted the report Exhibit PE before PW-7 DSP Moti Lal.

(3.) IN reply to Question No. 8 of his statement under Section 313, Cr.P.C. the appellant stated as under :