ANGREZ SINGH Vs. HARYANA STATE

JUDGEMENT

(1.) This is a criminal appeal filed by Angrez Singh, and has been directed against the judgment dated 15.7.1998 and dated 17.7.1998 passed by the Court of Addl. Sessions Judge, Jind, who convicted the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a periods of 10 years and to pay a fine of Rs. 1 lakh in default of payment of fine, the appellant was directed to undergo R.I. for one year.

(2.) The brief facts of the case are that on 5.7.1996 ASI Laxman Singh was present in the area of village Kherakhemawati in a Government vehicle driven by constable Shamsher Singh. Constable Jasbir Singh was also present with the ASI in connection with the investigation of case FIR No. 292 under Sections 363/366, IPC, of Police Station, Safidon. When the police party reached at the Bus Stand of village Kheri Khemawati, HC Dhanpat and Constable Satyawan met the police party and the ASI was talking with them and at the time the ASI received a secret information that Canter bearing registration No. HR-05A-3887 driven by the appellant would be passing from Panipat and would be going to village Didwara loaded with bags of poppy husk and in case a nakabandi is arranged on Canal bridge, Butana Branch, the vehicle could be intercepted. On this information, the ASI organised a raiding party consisting of Constables Dhanpat, Jasbir and Satyawan and the police party reached at the Canal Bridge in the Government vehicle. After some time the Canter in question came from the side of Panipat. The driver on seeing the police party tried to reverse the vehicle and wanted to escape towards Panipat, however, the police party apprehended the accused along with the Canter. The I.O. suspected that the bags lying in the Canter contained some narcotic drugs, therefore, he gave a notice to the appellant as to whether he wanted to give the search before some Gazetted Officer or a Magistrate and in reply, the appellant desired to be searched before some Gazetted Officer. Resultantly, the appellant along with the Canter was produced before DSP Paramjit Singh Ahlawat in his office at Safidon. In the presence of the DSP, the I.O. took the search of the Canter and found 28 bags of poppy husk. Each bag contained 41 kgs. 900 grams of poppy husk. The I.O. separated 200 grams of poppy husk from each of the bags by way of sample and sealed the entire case property with his own seal bearing inscription 'L.S'. The DSP also re-sealed the case property with his own seal bearing inscription 'PSA'. Thereafter, the entire case property was taken into possession vide recovery memo. The Canter was also taken into possession. Accused could not produce any licence or permit for the possession of poppy husk. Resultantly a ruqa was sent to the police station for the registration of the case, on the basis of which formal FIR No. 293 dated 5.7.1996 under Section 15 of the Act was recorded in police station, Safidon. The I.O. prepared the rough site plan of the place of recovery. The case property was deposited with the MHC and, later on, the sealed samples of the poppy husk were sent to the office of the Chemical Examiner, who declared the contents as poppy husk. On the completion of the investigation of the case, the appellant was challaned in the court of the Area Magistrate, who supplied the copies of the documents free of cost as required under the law and vide commitment order dated 20.1.1997 committed the accused to court of session to face trial under Section 15 of the Act.

(3.) Vide orders dated 22.1.1997, the accused was charge-sheeted under Section 15 of the Act. The charge was read over and explained to the accused, who pleaded not guilty and claimed a trial.