MOHMED SALIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been directed against the conviction and sentence awarded by the learned Additional Sessions judge, Bhiwani convicting the appellant under S. 15 of the Narcotic Drugs and Psychotropic substances Act (for short the 'act')in FIR No. 61 dated 24-1-1997 registered at police Station GRP, Rewari.

(2.) THE prosecution story in brief is that on 24 -1 -1997 P. W. 5 ASI Sumer Singh along with P. W. 4 HC Bahadur Singh, Constable jai Karan and Constable Chandgi Ram was present at Railway Station Loharu Platform no. 3 for checking of train. At 18. 15 hours, train No. 205-Up came from the side of jaipur and halted at Loharu Railway Station. Accused-Mohmed Salim after alighting from the train was going towards main gate having a gunny bag on his shoulder. He was apprehended in the presence of Deep chand independent witness on the basis of suspicion. Since Sumer Singh ASI suspected some narcotic substance in the possession of the accused, he was served with a notice ex. PO and was given option to give his search in the presence of Gazetted Officer or a Magistrate. Said notice Ex. PD was signed by the accused and attested by Deep chand independent witness and HC bahadur Singh. Vide reply Ex. PD/1 the accused did not opt to give his search in the presence of Gazetted Officer or a Magistrate and offered to give his search to the investigating Officer. The reply given by the accused was attested by Deep Chand independent witness and HC Bahadur Singh. Thereafter, the Investigating Officer took search of the accused and gunny bag. Five bundles of clothes were recovered. Said five bundles of clothes were found containing poppy husk. On weighing 20 kilograms of poppy husk was found in all the bundles. Out of one bundle 100 grams poppy husk was separated for the purpose of sample and put in separate parcel and all five bundles were put in the same gunny bag. Sample and gunny bag were sealed with the seal bearing impression BS and were taken into possession by recovery memo Ex. PE which was attested by the P. W. S. Rukka Ex. PC was sent to the police Station where on the basis of the same formal FIR Ex. PC/1 was recorded. Rough site plan Ex. PH was prepared with regard to the place of recovery with correct marginal notes. Accused was arrested During personal search of the accused railway ticket ex. P-2 was recovered. Statements of the witnesses under S, 161, Cr. P. C. were recorded on the spot. Case property was deposited with the MHC or GRP Police Post, loharu.

(3.) IT is further the case of the prosecution that during the course of time said sample was sent to the office of Forensic Science Laboratory, Madhuban, Haryana, where on analysis of the same the Assistant chemical Examiner found the sample that of Poppy Husk (Chura Post), Ex. PA report was prepared to this effect. After completion of necessary investigation report under s. 173, Cr. P. C. was prepared by Bagicha singh SI the then SHO Police Station and the same was submitted to the Court for the trial of the accused-appellant. The case was thereafter committed to the Sessions Court.