GULZAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 7.2.1996, passed by the court of Additional Sessions Judge, Sirsa, who convicted the present appellant Gulzar Singh under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "N.D.P.S. Act") and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was ordered to undergo R.I. for a period of 2 years.

(2.) THE story of the prosecution can be described as follows : -

(3.) ON 7.10.1993 A.S.I. Shri Krishan, Head Constable Raj Kumar, Head Constable Shamsher Singh and Constable Balbir Singh were present at the Bus Stand, Santawali, for patrolling and crime detection. At that time, accused - Gulzar Singh appeared there with a bundle on his shoulders. On seeing the police party, he became nervous and took a turn. On the basis of suspicion he was apprehended by the A.S.I. in the presence of the other members of the police party. A.S.I. told the accused that he wanted to take the search of the bundle and whether the latter was interested to give search in the presence of some Magistrate or a Gazetted Officer of the Police department. Notice, Exh. PB was served upon the accused. It was read over and explained to the accused who thumb - marked the same in token of the acceptance of the offer. Notice, Exh. PB was also attested by Head Constable Raj Kumar and Head Constable Shamsher Singh, besides the A.S.I. Shri Krishan. Accused vide statement Exh. PB/1 deposed that he wanted to be searched in the presence of a police Gazetted Officer. Thereafter, the police Gazetted Officer, Shri Sajjan Singh, D.S.P. was called at the spot and in his presence, the search of the bundle was taken in which Poppy Husk was found. On weighing, it came to 8 Kilograms. A.S.I. drew a sample of 100 grams of Poppy Husk and made a sealed parcel thereof by using the seal of "SS" of the D.S.P. and the remaining Poppy Husk was separately sealed. The entire case property was taken into possession vide recovery memo. Exh. PA, which was attested by Sajjan Singh, D.S.P., Head Constable Raj Kumar and Head Constable Shamsher Singh. The seal after used was kept by the D.S.P. Resultantly, Ruqa, Exh. PC was sent to the Police Station, Rania, on the basis of which formal F.I.R. Exh. PC/1 was recorded by the Moharrir Head Constable Randhir Singh. The A.S.I. prepared the rough site plan, Exh. PD, of the place of recovery and recorded the statements of the witnesses. On return to the Police Station, the A.S.I. deposited the case property with the Moharrir Head Constable for safe custody and the accused was formally taken into custody. The sealed sample of the Poppy Husk was sent to the office of the Chemical Examiner, who vide report, Exh. PG, declared the contents as Poppy Husk. On the completion of the investigation of the case, the accused was challaned under section 15 of the N.D.P.S. Act in the court of the Illaqa Magistrate, who completed the formalities of the law and supplied the documents to the accused as relied upon by the prosecution and finally committed the accused to the court of Sessions. The learned trial Court framed the charge under Section 15 of the N.D.P.S. Act against the appellant. It was read over and explained to him to which he pleaded not guilty and claimed a trial.