TARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment dated 4.3.1998 and order dated 5.3.1998 passed by the Court of Addl. Sessions Judge, Sirsa, 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 period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for two years.

(2.) The brief facts of the case can be summarised in the following manner :-

(3.) On 1.11.1995, ASI Devender Kumar, PW-5 along with other police officials in a Govt. Vehicle HR-03-8962 driven by Krishan Kumar, as per the orders of Addl. Superintendent of Police, Dabwali, was present at village Chormar Bus Stand for combined purpose where Maghar Singh, PW met them and he was joined in the police party. The police party was going towards Kacha Rasta at a distance of about 2 furlongs, where the accused was seen putting the boris in his fields after lifting them from the kacha rasta. On seeing the police party, he tried to run away but on the basis of suspicion he was apprehended. He was asked about the contents of the boris, on which he replied that there was poultry feed in it which he had stolen during the night. On the basis of suspicion, the search of the 8 bags was taken and the" same contained choora post. Notice, Ex. PE, was served upon the appellant in order to ascertain as to whether he wanted to give the search in the presence of a Gazetted Officer or a Magistrate, but the accused stated that since poppy husk has already been recovered, there was hardly any need to call any Gazetted Officer or a Magistrate. On weighing, poppy husk came to 320 Kgs. The I.O. separated 10 grams of poppy husk from each of the bags and made 8 sealed parcel and the remaining poppy husk was separately sealed in the same bags with the seal bearing inscription 'DK'. The entire case property was taken into possession vide recovery memo. Accused could not produce any licence or permit for the possession of poppy husk. Resultantly ruqa, Ex. PG, was sent to the police station for the registration of the case, on the basis of which formal FIR, Ex. PG/1, was recorded in the Police Station, Kalanwali by ASI Madan Lal. The I.O. prepared the rough site plan of the place of recovery and recorded the statements of the witnesses in whose presence the recovery of poppy husk was effected. On return to the police station, the accused along with the case property was produced before the SHO Prem Singh, who issued the special report of this case and resealed the case property with his own seal bearing inscription 'PS'. The samples of poppy husk along with the remaining case property were deposited with the MHC with seals intact. Ultimately, the samples of poppy husk were sent to the office of Forensic Science Laboratory, Madhuban, who vide report, Ex. PC, declared the contents as choora of poppy head and 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 committed the accused to Court of Sessions to face trial under Section 15 of the Act.