STATE OF HARYANA Vs. DHARAMPAL

JUDGEMENT

(1.) This petition, under Sec. 378(3) Crimial P.C. (amended upto date), has been filed by the State of Haryana, applicant/appellant, seeking leave, to institute an appeal, against the judgment of acquittal, dated 29.03.2008, rendered by the Judge, Special Court, Karnal. On 30.12.2004, ASI Varinder Singh, CIA Staff, Karnal alongwith EASI Ashok Kumar, Head Constable Parmal Singh, Constable Bijinder Singh, and Constable Amarjeet Singh, in a Government vehicle TATA Sumo bearing No. HR-05E-8403, being driven by Head Constable Sewa Singh, was going from Gharaunda towards Arainpura Chaura and Sadarpur, in connection with crime detection, and when they reached in the area of village Arainpura at T point of village Kalram, the accused/respondent was seen coming from the side of village Arainpura, Criminal Misc. No. 321-MA of 2008 2 having a cloth bag, in his right hand, who on seeing the police party turned back, and started running towards village Arainpura. On suspicion, he was apprehended. He disclosed his name as Dharam Pal s/o Chunni Lal, r/o Gharaunda. As he was suspected to be carrying some narcotic substance, a notice, in terms of Sec. 50 of the Narcotic Drugs and Physchotropic Substances Act, 1985 (hereinafter to be called as the Act only), was given to him. He opted for the search of bag, being carried by him, in the presence of a gazetted officer. Thereafter, the bag was searched, in the presence of Ashok Kumar, DSP, Assandh, as a result whereof, 5 kgs 200 gms poppy husk, was recovered. Two samples of 100 grams each, were taken out of the recovered poppy husk. The remaining poppy husk, was kept in the same bag. The samples and the bag, aforesaid, were converted into separate parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station. The statements of the witnesses were recorded. The accused/respondent was arrested. After the completion of investigation, he was challaned.

(2.) On his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Sec. 15 of the Act, was framed against him, to which he pleaded not guilty, and claimed judicial trial.

(3.) The prosecution, in support of its case, examined Constable Parveen Kumar (PW-1), ASI Jagdish Singh (PW-2), Constable Balraj Singh (PW-3), Sub Inspector Sandeep Singh (PW-4), DSP Ashok Kumar (PW-5), ASI Ashok Kumar (PW-6), and ASI Varinder Singh, Investigating Officer (PW-7). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence. Criminal Misc. No. 321-MA of 2008 3