MEWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.10.2006 whereby the appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act') and order of sentence dated 25.10.2006, whereby he was sentenced to undergo rigorous imprisonment for 03 years and to pay a fine of Rs.15,000/-, in default whereof he was to further undergo simple imprisonment for 6 months. It has arisen from FIR No.80 dated 09.05.2004 registered at Police Station Sadar Dabwali, District Sirsa, on the statement of ASI Mahender Singh.

(2.) The case of the prosecution is that, ASI Mahender Singh, Dharam Pal and Constable Lekh Raj were patrolling on the road towards canal bridge, in the area of village Phullo. They saw a person coming from the side of village Phullo having a plastic bag on his head. On seeing the police party, he turned back and started walking at a brisk pace. On the asking of the police officials, he disclosed his name as Mewa Singh son of Mit Singh, caste Ram Dasia Sikh, resident of Herhikey, Police Station Sherpur, District Sangrur (Punjab). Upon suspicion, the ASI overpowered him with the help of the police officials. As he was suspected of carrying narcotic substance in the bag, the ASI served notice Ex.PW5/A on him under Section 50 of the NDPS Act that he suspected some narcotic substance in the bag and any Gazetted Officer or Magistrate could be called at the spot for the search of the bag or he could be taken to them. The accused as per his reply Ex.PW-5/B declined the offer and reposed faith in the ASI. The contents of the bag in possession of the accused were searched and were found to contain poppy straw. Two samples of 100 grams each were taken and the residue after weighing was found to be 13 kg 800 grams. Samples and the residue of poppy straw were separately converted into parcels and were sealed with seal 'MS' by the ASI. Specimen seal impressions of seal 'MS' were retained. Seal after use was handed over to EHC Dharampal. Case property including the specimen seal impressions were taken into possession vide recovery memo Ex.PW4/C which was attested by EHC Dharampal and Constable Lekh Raj PWs. Ruqa Ex. PW2/A was sent to police station Sadar, Dabwali through constable Lekh Raj for registration of the case, on the basis of which formal FIR Ex.PW2/B was registered by SI/SHO Rajbir Singh. The ASI prepared rough site plan Ex.PW4/D with correct marginal notes, recorded statements of witnesses and arrested Mewa Singh as per memo of arrest Ex.PW4/E. After completion of investigation on the spot, the police party reached the police station and the ASI produced the accused, witnesses, case property, specimen seal impressions and report Ex.PW2/C before SI/SHO Rajbir Singh in the police station. The SHO verified the facts of the case from the accused and witnesses and on his direction, the ASI deposited the case property with MHC and lodged the accused in police lockup. The report Ex.PW4/C under Section 57 of NDPS Act along with endorsement Ex.PW4/D was sent to DSP, Dabwali, which was seen by Kuldeep Singh, the then DSP, Dabwali, as per his initials at point Ex.PW2/E.

(3.) After receipt of the report Ex.PX from FSL, Madhuban, whereby the samples were found containing poppy straw, the accused was sent to face trial.