BHOLA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI Bhola Singh has filed the present criminal appeal and has been directed against the judgment and order dated 4.6.1996 passed by the court of Additional Sessions Judge, Hisar who convicted the appellant under section 15 of the N.D.P.S. Act and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant was sentenced to undergo rigorous imprisonment for a period of one year.

(2.) THE brief facts of the case are that on 7.1.1995, ASI Subhash Chander (PW.3) was posted at Police Post Jhumpa. He along with Head Constable Om Parmash (PW.2) and other police officials was present on the path leading from village Solawali Dhani to village Dhanodhi and he saw the accused coming from the side of Rajasthan while carrying a gunny bag on his head and suspecting him to be carrying contraband, a notice Ex. PC was served upon him. As per the said notice, the accused was informed that he could, if he so desired, be searched in the presence of a Gazetted Officer or Magistrate. Accused stated vide Ex. PC that the search may be taken in the presence of some Gazetted Officer or a Magistrate as a result of which DSP Lal Chand was summoned at the spot through Constable Mahinder Singh. In his presence search of the bag was taken and poppy husk was found. It came to 10 kilograms. 100 grams chura post was separately sealed with the seal of the Investigating Officer bearing inscription SC and the seal after use was handed over to Head Constable Om Parkash. The DSP also sealed the case property with his own seal bearing inscription LC. The case property was taken into possession vide recovery memo Ex. PD. The accused could not produce any licence or permit for possession of the poppy husk as a result of which ruqa Ex. PA to the Police Station on the basis of which formal FIR Ex. PA/1 was recorded. Investigating Officer also prepared rough site plan Ex. PE of the place of arrest and he served grounds of arrest Ex. PF on the accused. On return to the Police Station he submitted his report Ex. PD to the SHO besides producing the accused and case property before him and who had verified the investigation and affixed his own seal on the case property by making an endorsement. The sample of the poppy husk was sent to the office of the Chemical Examiner who certified that it contained chura of the poppy heads. On completion of the formalities of the case, the appellant was challaned in the court of Area Magistrate who supplied copies of the documents to the accused and vide commitment order dated 17.4.1995 committed the accused to the court of Sessions. Vide order dated 16.5.1995, the appellant was charge-sheeted under section 15 of the NDPS Act on the allegations that on 7.1.1995 in the area of village Dhani Shilawali he was found in possession of 10 kgs. of chura post without any permit or licence and thereby committed an offence under section 15 of the NDPS Act. The charge was read over and explained to the accused to which he pleaded not guilty and claimed a trial.

(3.) STATEMENT of the accused was recorded under section 313 Cr.P.C and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. Accused denied those circumstances and stated that he has been falsely implicated and nothing has been recovered from him. At the first instance the accused stated that he would like to lead defence but finally he stated before the Trial Court that he is not interested of leading the defence.