MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Mani Ram son of Lakhmi Chand and has been directed against the judgment dated 7.7.1997 and order dated 8.7.1997 passed by the court of Addl. Sessions Judge, Sirsa, who convicted the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called 'the Act') and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac. In default of payment of fine, the appellant was directed to further undergo rigorous imprisonment for two years.

(2.) THE brief facts of the case are that on 4.7.1992 Shri Ramesh Pal, SHO/Inspector along with other police officials namely Randhir Singh, Ranbir Singh, Naresh Kumar, Om Parkash and Rajbir constables was going towards Nathusari Chopra in connection with the investigation of a case under Section 302 I.P.C. and when they reached at the bus stand of village Darba Kalan, PW Rameshwar met them. While he was talking with said Rameshwar, a secret information was received by him that Ram Murti and Mani Ram accused residents of village Darba Kalan had kept concealed poppy straw under the fodder in their Nohra and if the raid is conducted then heavy quantity of poppy straw could be recovered. On this information the police party including Rameshwar Dass PW raided the Nohra where Ram Murti was apprehended at the spot and accused Mani Ram ran away on seeing the police party. Shri Ram Kishan, Addl. Superintendent of Police, Sirsa was called on the spot in the case of Ram Murti as a separate case was registered against Ram Murti under the Act. In the presence of Ram Kishan, Addl. Superintendent of Police search of Kotha Toori of Mani Ram was conducted and eight bags of choora post were recovered. On weighment each bag was found weighing 40 Kgs. A sample of 200 grams was taken out from each bag and all the samples and eight bags containing the residue were separately sealed with the seal of 'RPI' and 'PS'. The samples and the residue Ex.P1 to Ex.P8 were taken into possession by the police vide recovery memo Ex.PB signed by the PWs and attested by the Addl. Superintendent of Police. The seal bearing inscription 'RPT' after its use was given to PW Rameshwar. The Investigating Officer sent ruqa Ex.PF to the police station on the basis of which formal FIR Ex.PF/1 was recorded by Rajender Singh. He called Shri Daya Nand, SHO of Police Station Nathusar Chopta and further investigation were conducted by him. Dya Nand, SI prepared rough site plan of the place of recovery and he recorded the statements of the witnesses. PW5 Ramesh Pal has also handed over eight sample parcels and eight bags duly sealed with the seals of 'RPT' and which he deposited with the MHC on reaching the police station. Accused was arrested on 26.8.1992 when one Daya Ram produced the accused before the Inspector. The sample of the poppy straw were sent to the office of Forensic Science Laboratory, who vide report Ex.PG declared the contents as poppy straw. On completion of the investigation of the case, accused Mani Ram was challaned under Section 15/16 of the Act in the Court of Area Magistrate, who supplied the copies of the documents to the accused as required under the law and vide commitment order dated 12.1.1994 committed the accused to the Court of Session.

(3.) THE charge was read over and explained to the appellant to which he pleaded not guilty and claimed a trial.