HOSHIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25.10.2002/order of sentence dated 26.10.2002 passed by the Court of learned Special Judge, Kaithal, whereby he convicted and sentenced the accused- appellant to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- and in default of fine, to further undergo rigorous imprisonment for a period of two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

(2.) THE facts giving rise to this case are that on 11.10.2000, the police party headed by ASI Roop Singh happened to be present at the turning point of Daba near Village Chaba on pucca road. He received secret information that the accused has kept gunny bags of poppy husk underneath the heap of Parali (paddy straw) in Panchayati land and was sitting on the same in wait of a vehicle to carry the gunny bags to Punjab and if some raid is conducted, he could be caught red handed along with poppy husk. On receipt of this information, ASI Roop Singh, in the company of other police officials, proceeded towards the disclosed place. they came across Devinder Singh of Ratta Khera. He was associated with the raiding party. Sat Pal and Amar Singh, Members Panchayat had also met the police party but they refused to join in the same. Thereafter, the police party including Devinder Singh went to the vacant Panchayati land near the fields of the accused, who was nabbed while sitting on the gunny bags. He was served with notice under Section 50 of the Act calling upon him to state as to whether he wanted to give search of the gunny bags in the presence of a Gazetted Officer or a Magistrate. In reply, he opted to get the search of the gunny bags carried out in the presence of a Gazetted Officer. Head Constable Raghbir Singh was sent to DSP Guhla with application. Om Parkash DSP, Guhla came at the spot. On his direction, Roop Singh ASI searched the gunny bags, which revealed poppy straw. Out of each gunny bag, 250 grams poppy husk was drawn to serve as sample and the same were converted into separate parcels. The remaining contents of each bag, when weighed, came to 37 Kgs. 250 grams. Each gunny bag was also turned into separate parcels. Thereafter, the sample parcels and residue parcels were sealed with seals OP and RS and taken into possession vide recovery memo. The DSP retained his seal himself . The seal RS belonging to the Investigating Officer was handed over to HC Raghbir Singh after use. Ruqa was sent to the Police Station, where on its basis, formal FIR was recorded. The aforesaid ASI prepared the rough site plan showing the place of recovery with correct marginal notes, recorded the statements of the witnesses, arrested the accused and produced the case property, samples, accused and the witnesses before the SHO Karam Singh, who after verification, affixed his own seal KS on each parcel and gave a direction to the Investigating Officer to deposit the same with MHC. Accordingly, the Investigator deposited the case property, sample parcels, sample seals on the same day with MHC. The Investigator also prepared the report under Section 57 of the Act and forwarded the same to DSP, Guhla as well as S.P., Kaithal. On receipt of F.S.L. report, Exh. PJ and after completion of investigation, the charge-sheet was laid in the Court for trial of the accused. The accused was charged under Section 15 of the Act, to which he did not plead guilty and claimed trial. In order to substantiate its allegations, the prosecution examined PW-1 SI Shamsher Singh, PW-2 HC Jai Pal, PW-3 SI Des Raj, PW-4 SI Karam Singh, PW-5 Constable Jati Ram, PW-6 DSP Om Parkash, PW-7 ASI Roop Singh (Investigator) and closed its evidence by tendering the F.S.L report, Exh. PA.

(3.) AFTER hearing the learned Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, he has come up in this appeal.