AJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHAT is the effect of partial offer is the material point to be determined in this appeal ? Though repeatedly held by the Hon'ble Supreme Court and various pronouncements of the High Courts that offer is not a offer in the eyes of law and does not comply with the ions of Section 50 of the Narcotic Drugs and Psychotropic Substances 1985, yet I reiterate same principle of law in the present appeal.

(2.) A few facts can be noticed in the following manner : On 16.12.1991; A.S.I. Ram Dhan alongwith Head Constable Ami Lal and Constables Dharambir, Krishan Lal and Satish Kumar was on patrol duty in the area ofNakipur. In the meantime Ishwar Singh son of Sher Singh met the Police Party. After sometime a vehicle came from the side of village Pahari which was stopped. The driver of that vehicle disclosed his identity as Ajay Kumar son of Gugan Ram resident of village Budhseli. It was suspected that he was having a contraband and therefore, he was given written notice that if he wanted his personal search would be conducted in the presence of a Gazetted Officer or a Magistrate. However, the appellant gave concurrence for search in favour of A.S.I. Ram Dhan. Thereafter vehicle of Ajay Kumar was searched and from that 14 bags of poppy straw were recovered. Investigating Officer drew sample of poppy straw weighing 200 grams from each of the bags and made sealed parcels thereof. Remaining poppy straw was separately weighed and each bag was found to contain 40 kilograms of poppy straw. Appellant could not produce any permit or licence for keeping the same in his possession. Resultantly ruqa was sent to the Police Station for registration of the case on the basis of which F.I.R was recorded. Subsequently the samples were sent to the Chemical Examiner who found the contents to be that of poppy straw. On competition of the investigation of the case, the appellant was challaned in the court of Judicial Magistrate Ist Class, Loharu who supplied copies of the documents to the appellant and vide commitment order dated 29.9.1992, committed the appellant to the court of Sessions.

(3.) VIDE orders dated 16.10.1992 the court of Additional Sessions Judge Bhiwani framed a charge under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the allegations that on 16.12.1991 in the area of village Nakipur, the appellant was found in possession of 14 gunny bags each containing 40 kilograms of poppy husk, in all 5 quintals 60 kilograms without any licence or permit when the poppy husk was being transported in a four wheeler Tata 407 make without bearing any registration Number and thereby he allegedly committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. The charge was read over to the appellant to which he pleaded not guilty and claimed a trial.