ANGREJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.9.2004 passed by Presiding Officer/Judge, Special Court, Kurukshetra vide which accused Angrej Singh was convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and vide order dated 28.9.2004 he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and in default thereof, to further undergo rigorous imprisonment for two years.

(2.) The accused-convict - Angrej Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story is that on 16.12.1999 when a police party from Police Station Babain headed by SI/SHO Ranbir Singh was present in the area of village Bargat near Saraswati Bridge on Bargat-Babain road while travelling in a Government jeep having registration No.HR07C-1106 in connection with investigation of case bearing FIR No.114/99 under Section 15 of the Act, then the accused was spotted coming from the side of village Bargat supporting a bicycle carrying two gunny bags, one on its carrier and other on its frame; that he was apprehended on the basis of suspicion and on being inquired, he disclosed his particulars; that SI/SHO Ranbir Singh (hereinafter referred to as Investigating officer/I.O.) suspected that accused was carrying some narcotic substance in the gunny bags and accordingly, he served a notice under Section 50 of the Act upon the accused informing that he suspected the gunny bags to contain poppy husk and wanted to search the said bags and that search would be conducted either in presence of a Magistrate or a Gazetted Officer; that the accused replied that gunny bags contained poppy husk and SI/SHO could search the same; that thereafter both the gunny bags were taken down from the bicycle of accused and on being searched were found to contain poppy husk; that the contents of both the gunny bags were weighed and were found to contain 38 kgs. of poppy husk each; that a sample of 500 gms. each was drawn from both the gunny bags; that samples and residue were then converted into separate parcels and then sealed with seal of 'RS' after taking it from ASI Sat pal; that specimen seal was prepared; that the sealed parcels and specimen seal impression were taken into possession vide seizure memo Ex.PF; that seal after use was again returned to ASI Sat Pal Singh; that Sukhdev Raj, Sarpanch was associated during such proceedings. Ruqa was sent to the police station through Constable Ved Parkash on the basis of which formal FIR was recorded. The accused was formally arrested in this case and grounds of arrest were served upon them. Rough site plan of the place of recovery was prepared. On return to the police station, the case property was deposited with MHC and accused was put up in lock up. During the course of investigation, sample parcels were sent to FSL, Madhuban and as per report received therefrom, they were found to be those of poppy husk.