HARINDER SINGH @ BHURA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment of conviction dated 09.11.2009 and order of sentence dated 11.11.2009 passed by Judge Special Court, Karnal, whereby he was convicted for the offence under Section 15 (b) of the NDPS Act for keeping 25 kgs of poppy husk in his conscious possession and was sentenced to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.3000/-.

(2.) Prosecution story started with the allegations that on 03.06.2007, ASI Mukesh Kumar (PW 4) along with his companions was on patrolling and checking duty. When the police party reached at the bridge in the area of village Gobind Gamri, a young person was seen coming from the side of village Shakenpur with a bori tat on his head. On seeing the police party, he retraced his steps and started walking briskly. On suspicion, he was apprehended. On being asked, he disclosed his name as Harinder Singh son of Ram Singh, resident of Gobind Garh. Notice under Section 50 of the Act (Ex.P2) was issued to him to the effect that whether he wanted to get himself searched before any Magistrate or Gazetted Officer of Excise Department or Gazetted Officer of Revenue Department or Gazetted Officer of Police Department. Vide Ex.P3, consent of the appellant was recorded to the effect that he wanted to get himself searched by Investigating Officer by reposing faith in him. He refused to get himself searched before Magistrate or Gazetted Officer. Thereafter, search was effected and 25 kgs of poppy husk was recovered from the accused/appellant. Two samples of 100 grams each were separated and remainder was found to be 24 kg 800 grams of poppy husk. Samples and remainder were sealed in separate parcels with the seal of MK. Two sample seals were prepared. Thereafter, samples and residual were taken in police possession vide recovery memo Ex.P4. Seal after use was handed over to ASI Gurmail Singh. FIR was registered. The case property was produced before the Magistrate.

(3.) After proceedings, the accused along with case property was produced before the SHO, who had affixed his seal as RK on each parcel. An application was moved before the Magistrate under Section 52-A of the Act on 04.06.2007 and the following endorsement was made by Judicial Magistrate First Class, Karnal:-