ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenging the judgment of conviction for possessing 2 k.g. poppy straw, convict Ashok Kumar (appellant herein) has come up before this Court, by filing the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) The gist of the facts apposite to decide the present appeal, traces its origin to Daily Diary Register No. 47, dated Sep 23, 2006, which is Ext. PW-5/A, whereby police party headed by ASI Sunder Singh (PW-9) departed towards bus stand and Vishwa Karma Chowk, within the jurisdiction of Police Station Paonta Sahib, Distt. Sirmour, to detect crime. When the police party was present at Vishwa Karma Chowk then they received a secret information from some reliable informant that one Ashok Kumar trades in poppy husk and at that time was selling poppy husk near Baweja Hospital. On this information, the Investigating Officer ASI Sunder Singh (PW-9) reduced the said information into writing and sent the same to the Sub Divisional Police Officer, Paonta Sahib, vide memo (Ext.PW-4/A)

(3.) After that the police party associated two independent witnesses namely Jai Parkash (PW-1) and Vinod Kumar (PW-2) and reached at the spot. There the police noticed the said Ashok Kumar present. Consequently, the Investigating Officer informed him that they have reasons to believe that he is in possession of poppy husk and as such he is to be searched. After that, the Investigating Officer informed him whether he would like his search to be carried in presence of some Magistrate, Gazetted Officer or to the police present on the spot. In response to this offer the accused preferred to be searched by the police itself. The police prepared a consent memo to the said effect which is Ext. PW-l/A and obtained the signatures of the accused as well as the independent witnesses on it.