SUKHA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this appeal is for setting-aside the judgment of conviction dtd. 17/2/2016 vide which the appellant was convicted for offence punishable under Sec. 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and for setting-aside the order of sentence dtd. 18/2/2016 whereby the appellant was sentenced to undergo rigorous imprisonment for a period of 02 years and to pay a fine of Rs.10,000.00 and in default of payment of fine to further undergo rigorous imprisonment for a period of 06 months.

(2.) Brief facts of the case are that on 11/11/2013, ASI Kishor Lal, the Investigating Officer along with HC Bhupender Singh, E/ASI Jagir Singh in a government vehicle bearing No. HR-22-C-7503 which was being driven by C. Daya Ram, was present at Bhakhra canal bridge. In the meantime, Deshraj, Panch met him and they were talking with each other and they saw one person coming from the side of village Chuharpur, carrying a plastic bag on his head. On seeing the police party, he turned back and tried to run. On suspicion, he was apprehended with the help of other police officials. Thereafter, on enquiry, he disclosed his name as Sukha son of Piara Ram, Bajigar, resident of Mamupur. On having suspicion that he was having some narcotic substance, the Investigating Officer served a notice under Sec. 50 of the NDPS Act upon him to the effect that he has some narcotic in his possession in the plastic bag and the search can be conducted in the presence of a Gazetted Officer or a Magistrate or he can be produced before them and it was his legal right. The notice was thumb-marked by the accused and attested by HC Bhupender Singh and Deshraj Panch. The accused reposed full faith in the police party. Thereafter, the Investigating Officer conducted the search of the plastic bag and found poppy straw in it. Two samples of 100 grams each from the recovered poppy husk were separated and on weighment, the residue was found to be 25 kilograms 700 grams. The samples as well as residue were converted into sealed parcels and scaled with the seal of 'KK' and were taken into police possession vide recovery memo which was thumb-marked by the accused and attested by the abovesaid witnesses. The seal after its use was handed over to HC Bhupender Singh. Thereafter, the Investigating Officer sent Ruqa through ASI Jagir Singh, on which, SI/SHO Dharambir recorded a formal FIR and made his endorsement on it. The Investigating Officer prepared a rough site plan of the place of recovery and he arrested the accused. The accused suffered his disclosure statement which was thumb marked by the accused and attested by same set of witnesses, to the effect that he had purchased the recovered chura post from Gamdhur Singh son of Kartar Singh, Sainsi, resident of Chuharpur for a consideration of Rs.1500.00. The Investigating Officer recorded the statements witnesses under Sec. 161 Cr.P.C. Thereafter, the Investigating Officer produced the accused along with the case property, witnesses and report under Sec. 55 of NIDPS Act before the SHO Dharambir. After verifying of the facts of the case, the SHO made his endorsement under Sec. 57 of NDPS Act. Thereafter, the SHO directed the Investigating Officer to deposit the case property with MHC and to put accused in the police lock up. During further investigation, the co-accused Gamdhur was also arrested on 16/8/2014 and he also got recorded his disclosure statement and a memo of demarcation was prepared as per his disclosure statement. Thereafter, on completion of all the formalities of the investigation, the challan was produced before the trial Court.

(3.) On presentation of the challan, charge under Sec. 15 of the NDPS Act was framed against the accused, to which he did not plead guilty and claimed trial.