GURMAIL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal filed by the Appellant against the judgment of the Court of learned Additional Sessions Judge, Una, H.P., dated 17.6.2006, vide which the Appellant was held guilty under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (here -in -after referred to as the Act) and was sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 75,000/ -. In default of payment of fine he was to further undergo simple imprisonment for two years.

(2.) BRIEFLY stated the facts of the case are that on 25.4.2005, ASI Harbans Lal, alongwith other police officials, was present at Bus Stand Haroli during patrolling and a Constable met him there and gave a statement, which was recorded by him in which it was alleged that the Appellant deals in the sale of poppy husk. The statement was reduced to writing and copy of the same was sent to Police Station, Una as well as S.P., Una under Section 42 of the Act and the ASI Harbans Lal formed a raiding party after joining two independent witnesses and raided the house of the accused. He gave an option to the accused under Section 50 of the Act as to whether he wanted to give search of his house in the presence of some Magistrate and the accused gave his consent to be searched by the police. The ASI gave his personal search to the accused as well as to the other witnesses and on search of the house of the accused; 37 kg. of poppy husk hidden therein was recovered. Two samples of 250 grams each were taken from the gunny bag and the gunny bag and the samples were sealed separately according to the procedure. The accused was arrested and was supplied ground of arrest. An intimation of the arrest was given to his wife as requested by him. The Investigating Officer filled the NCB form and produced the case property and accused before the SHO, who resealed the property and the case property was deposited with the MHC. The samples were sent to the office of the Chemical Examiner and on receipt of the report that this was poppy husk and on completion of the investigation, the challan was filed and the case was sent to the Court of learned Trial Court for trial, who conducted the trial of the Appellant under Section 15 of the Act leading to his conviction.

(3.) THE prosecution had also examined PW -13 ASI Harbans Lal, I.O. in the case, who received information under Section 42 of the Act, sent the same through HHC Sher Bahadur to S.P., Una and also recorded the statement of Constable Mohinder Kumar under Section 154 and sent the same to the police station for registration of the case on the basis of which the F.I.R. was registered. These statements were corroborated by PW -2 H.C. Jagtar Singh, a member of the raiding party, who had materially corroborated the statement of PW -13 ASI Harbans Lal in regard to recovery of poppy husk from the house of the accused.