STATE OF HARYANA Vs. MITHU SINGH AND ANOTHER

JUDGEMENT

(1.) The State of Haryana has filed the present appeal against the judgment dated 23.8.2003 passed by learned Additional Sessions Judge, Sirsa, whereby Mithu Singh and Gian Chand accused, who are respondents herein, were acquitted of the charge under Section 15 of the the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act').

(2.) According to the prosecution on 14.6.1994, a police party headed by ASI Kartar Singh and consisting of H.C. Roshan Lal and Constables Tek Ram, Dharam Pal and and Sunder Singh was present on the link road leading to village Jandwala Jatan and behind the Gurdwara of Chormar for patrolling and detection of crimes when Darshan Singh son of Nachhattar Singh, caste Jat Sikh, resident of Chormar met ASI Kartar Singh and started talking to him. In the meanwhile, one camel cart came there from the side of Jandwala Jatan, which was driven by one person and another person was sitting on the gunny bags placed in the cart (Rehra). On suspicion, the camel cart was got stopped and both the persons were nabbed and on enquiry, the person, who was handling the camel cart disclosed his name as Mithu Singh son of Ganda Singh, Jat Sikh, resident of village Rampura Bishnoian and the person who was sitting on the gunny bags disclosed his name as Gian Singh son of Kishori Lal Mahajan, resident of Mithari. Both the accused were served with notices separately that there was suspicion of some type of narcotic substance in the gunny bags lying in their camel cart, which fell within purview of 'the NDPS Act' and they were asked if they wanted to be searched before any Gazetted Officer of Police or Ilaqa Magistrate or they should be taken before them. In reply, both the accused stated in one voice that they wanted to give the search of the camel rehra before some Gazetted Officer of Police. Thereafter, Constable Sunder Singh was sent to Police Post Odhan to give V.T. Message to call the Deputy Superintendent of Police at the spot. The accused and the witnesses signed the notices and reply to the notices. Constable Sunder Singh returned to the spot after informing the Deputy Superintendent of Police, Dabwali to reach the spot through wireless message. In the meanwhile, Shri Shadi Lal Malik, Deputy Superintendent of Police, Dabwali reached at the spot and on his directions, ASI Kartar Singh conducted the search of the gunny bags, which resulted in the recovery of poppy straw, contained in nine gunny bags. A sample of 100 gms each was separated from each of nine gunny bags and the remaining poppy straw on weighment was found to be 39 kilograms 900 gms per bag. The sample parcels and the gunny bags containing remaining poppy straw were sealed with seal bearing 'KSB' monogram and seized vide a recovery memo prepared at the spot attested by the Deputy Superintendent of Polie and other witnesses. Seal 'KSB' after use was handed over to Head Constable Tek Ram.

(3.) It is also the case of the prosecution that ASI Kartar Singh after preparing ruqa, sent it to Police Station Kalanwali where on its basis FIR No. 147 dated 14.6.1994 under Section 15 of the NDPS Act was registered. Site plan of the place of the occurrence was prepared and statements of the witnesses were recorded under Section 161 Cr.P.C. On returning to the Police Station, he produced the accused, witnesses and the case property before SI Abhey Singh, the then SHO, who verified the case and put his own seal "ASY" on all the parcels. Under his parcels, the case property was deposited with the MHC.