NEK SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment dated 21.11.2002, vide which the appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') as well as the order of sentence dated 26.11.2002 vide which he was ordered to undergo rigorous imprisonment for a period of 2 years and 6 months and to pay a fine of Rs. 10,000/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of 6 months.

(2.) Brief facts of the case are that on 18.11.1997, ASI Atma Ram alongwith police officials was present at Sanjay Chowk on G.T.Road, Panipat on patrol duty, when the appellant-accused was seen coming from Sanoli Road side, carrying a bag of green colour and on seeing the police party, he became perplexed and tried to run away. On suspicion, he was apprehended by the police party. Thereafter, on suspicion, he was served with a notice (Ex.PA) under Section 50 of the Act giving him an offer as to whether he wanted to be searched either by ASI Atma Ram or by some higher officer. The accused gave his consent vide memo Ex.PA/1 for his search before a senior Officer. The notice as well as the reply were duly signed by the accused-appellant and the notice was attested by the Investigating Officer. It is also stated in the FIR that by-chance DSP Partap Singh reached there alongwith his staff in a Govt. vehicle and then ASI disclosed the facts of case to DSP and on his written direction, he conducted the search of the bag of the accused and found that it was containing poppy husk which, on weighment, was found to be 19 kgs. approx. Out of which a sample of 250 grams was separated and sealed separately with the seal of 'AR' and was taken into police possession vide memo. Ex. PC which was attested by DSP by affixing his seal 'PS'. After sealing the sample, the seal was handed over to one Constable Mahabir. The accused could not produce any permit or license, then ASI sent ruqa (Ex.PF) to the police station, on the basis of which formal FIR (Ex.PF/1) was recorded. He also prepared the rough site plan (Ex.PG) with correct marginal notes and thereafter, recorded the statements of witnesses and arrested the accused. On completion of the investigation, the accused, witnesses and case property were produced before SI/SHO Shamsher Singh who verified the same and affixed his seal as 'SS' on both parcels and then on his direction, ASI deposited the case property with the MHC with seals intact.

(3.) On 24.11.1997, MHC Sat Pal Singh, handed over the sample parcel with seal intact to Constable Baljit Singh Jaglan, for depositing the same with the Director, FSL, Madhuban and the same was deposited on the same day and on receiving the report (Ex. PH) dated 24.03.1998 from the FSL, the challan was presented before the trial Court and, thereafter, vide order dated 25.08.1998, the accused was charge-sheeted under Section 15 of the Act.