GELLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is appeal filed by the appellant against judgment of conviction dated 17.09.2004 and order of sentence dated 18.09.2004 passed by Additional Sessions Judge, Fatehabad, whereby he was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10000/- and in default of payment of fine to further undergo rigorous imprisonment for three month, for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (later referred to as 'the NDPS Act').

(2.) Case of the prosecution, in brief, is that on 22.08.2001, ASI Subhash Chander, Incharge, Police Post Bahamanwala alongwith his police party was present at bridge of 'Sem Nala' on Ratia-Budhlada road, when the appellant was seen coming from the side of Bhakra canal carrying a plastic bag on his head. On witnessing the police party, he turned back and was apprehended on the basis of suspicion. He disclosed his name as 'Gella' son of Kartara. ASI Subhash Chander apprised him of his suspicion that the plastic bag carried by him on his head may be containing some narcotic and gave him option to get his search conducted before a Magistrate or a gazetted officer. The appellant did not opt for the search to be conducted before a Magistrate or a gazetted officer and asked ASI Subhash Chander to conduct the search himself. After preparing his consent memo, search of plastic bag was conducted and the same was found containing poppy-husk out of which two samples of 100 gms. each were separated and the remaining poppy-husk on weighment came to be 16 kgs. 800 gms. Separate parcels of samples and remaining poppy-husk were prepared and were sealed with seal impression 'SS' and the case property was taken into possession vide recovery memo prepared at the spot. Samples were later sent to Forensic Science Laboratory (FSL), Madhuban and vide report (Ex. P-14) was found to be that of poppy-husk. After completion of investigation, challan against the appellant was presented in Court.

(3.) In support of its case, the prosecution examined SI Shamsher Singh as PW-1, SI Anand Singh as PW-2, HC Sham Lal as PW-3, C. Ram Murti as PW-4, HC Gopal Ram as PW-5, HC Fauja Singh as PW-6 and SI Subhash Chander as PW-7.