PAWAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 9.12.1996, passed by the Court of Additional Sessions Judge, Sirsa, who convicted the appellant-Pawan Kumar under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ' the 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 directed to further undergo R.I. for a period of two years.

(2.) PAWAN Kumar, appellant, was tried for an offence under section 15 of the Act on the allegation that on 28.6.1992 in the area of Village Mandi Kalanwali, he was found in possession of Poppy Husk weighing 4 quintals and 1 kilogram, contained in 10 bags, each containing 40.100 kilograms of Poppy Husk without any licence or permit and, thereby allegedly committed an offence under the aforesaid section. The allegations of the prosecution are that on 28.6.1992, a secret information was received by PW-4 Shri Ishwar Singh, S.I., C.I.A. Staff, Dabwali, that Pawan Kumar-appellant was habitual of selling Poppy Husk and on the day of the alleged recovery he was also selling the Poppy Husk in his house and if a raid was conducted immediately, Poppy Husk could be recovered along with the accused. On receipt of this secret information, the said S.I. formed a raiding party and raided the house of the appellant who was also found present in the house. A heap of bags was lying in the southern/western corner of his Baitakh. The S.I. served a notice, Exh. PD, upon the appellant asking him whether he was having Poppy Husk in his possession and whether he wanted his search before any gazetted officer or Magistrate. Accused, vide reply, Exh. PD/1, desired that his search be conducted before a gazetted officer, of the police. Exh. PD and Exh. PD/1 were thumb marked by the appellant and signed by Head Constable Subhash Chander and Constable Om Parkash, who were the members of the raiding party. On the request of the accused, D.S.P. Shri Sukhdev Singh of Dabwali was called on the spot through a wireless message. The said D.S.P. along with his staff came on the spot. On his directions, search of 10 bags was conducted out of which poppy husk was found. The I.O. drew samples of 100 grams of poppy husk from each of the bags and made a sealed parcel thereof. The remaining poppy husk was separately sealed in the bags. All the 10 bags containing poppy husk were sealed with the seal of 'SS' and were taken into possession vide recovery memo Exh. PC, signed by Head Constable Subhash Chander and Constable Om Parkash, which was also attested by Sukhdev Singh, D.S.P. The seal after use was kept by the D.S.P. Thereafter, I.O. sent ruqa Exh. PE to Police Station Kalanwali on the basis of which formal F.I.R., Exh. PE/1 was recorded by A.S.I. Azad Singh. He, then, prepared rough site plan, Exh. PF, of the place of recovery with correct margin notes. He arrested the accused and on return to the Police Station, the case property was deposited with the Moharrir Head Constable of the Police Station and the accused was put behind the bars. The sealed parcels of the samples of Poppy Husk were sent to the office of the Chemical Examiner for analysis, who vide report exh. PG, declared the contents as poppy husk. On the conclusion of the investigation of the case, accused was challaned under section 15 of the Act in the court of the Illaqa Magistrate, who supplied the copies of the documents to the accused and vide commitment order dated 3.9.1993 committed the accused to the court of sessions.

(3.) IN order to support the charge, the prosecution examined as many as four witnesses including the I.O. and the D.S.P. The prosecution also tendered into evidence affidavits of Head Constable Hans Raj and Constable Bhajan Lal, Exhs. PA and PB, respectively, besides the report of the Chemical Examiner and closed the case.