PARGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present has been filed for setting aside the judgment of conviction dtd. 28/4/2005 passed by the trial Court convicting the appellant under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act') and the order of sentence dtd. 29/4/2005 vide which the appellant was sentenced to undergo rigorous imprisonment for a period of 22 months and to pay a fine of Rs.22,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of 09 months.

(2.) It is worthwhile noticing that the sentence of the appellant was suspended vide order dtd. 13/5/2005 as the appellant has undergone 02 months and 25 days of sentence.

(3.) The case set up by the prosecution is that on 27/3/2002, ASI Gurnaib Singh, the Investigating Officer, alongwith ASI Agya Ram and some other police officials were going from Bus Stand, Shahabad towards the Tehsil Complex, Shahabad when they noticed the appellant/accused carrying a bag on his left shoulder and another bag on his right shoulder. On seeing the police party, he turned back and tried to walk perplexedly and on suspicion, he was apprehended. Having suspicion that he was carrying narcotics, he was served with a notice under Sec. 50 of the NDPS Act and in response to the notice, the accused opted to be searched before a Gazetted Police Officer. Thereafter, the Investigating Officer took the accused alongwith the two bags to the residence of Anil Kumar Dhawan, DSP, (Headquarters), Kurukshetra and after apprising him of the facts, on the directions of DSP, the two bags carried by the accused were searched, which led to recovery of poppy husk. Two samples of 250 grams each were drawn from both the bags. On weighment, the remaining contraband in one bag was found to be 14.500 kgs. and the other bag to be 6.500 kgs. Thereafter, the sample parcel of the bulk parcel were sealed separately with the seal 'GS' of the Investigating Officer and 'AKD' of the DSP. Thereafter, the four parcels were taken into possession vide recovery memo which was signed by the witnesses and attested by the DSP. Thereafter, the Investigating Officer has sent a ruqa through Constable Rajpal Singh for registration of the FIR and then ASI Gurnaib Singh returned back to the place of occurrence, prepared rough site plan, recorded the statements of the witnesses under Sec. 161 Cr.P.C. and arrested the accused vide arrest memo. Thereafter, Constable Rajpal Singh, upon registration of the FIR, reached back at the spot and the relatives of the accused were informed vide a separate memo. Thereafter, the Investigating Officer prepared a report under Sec. 57 of the NDPS Act and submitted it before the SI/SHO Paras Kumar to verify the fact and put his seal 'PK' on the sample parcels and directed the Investigating Officer to deposit the case property with the MHC of the Police Station. Later on, the sample parcels were sent to the FSL and as per the report, the same were found containing poppy husk (choora-post) i.e. papaver somiferum. After completion of investigation challan was presented and charge under Sec. 15 of the NDPS Act was framed against the appellant.