HARBANS SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) OUT of three accused namely Harbans Singh, Mithu Singh and Sube Singh, challaned vide FIR No. 366 dated 29.8.1993, for keeping in their possession 9 bags of poppy husk under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'), Police Station Tohana, the accused Sube Singh was acquitted, whereas, the accused-appellants Harbans Singh and Mithu Singh (hereinafter referred to as 'the accused' were held guilty vide judgment dated 5/6.4.1996 passed by the learned Additional Sessions Judge, Hisar and were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1.00 lac each and in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) THE factual matrix of the case is that on 29.8.1993 at about 2/2.15 a.m., ASI Subhash Chander (PW7) received a secret information regarding transporting of poppy husk by the accused. After taking down the information in the DDR, he started for patrolling. At about3.30 AM, when they had gone ahead of village Nanheri and were on katcha passage, they saw Tata four wheeler No. HR.17-418 in the light of Gypsy. The four wheeler was surrounded. The accused namely Harbans Singh and Mithu Singh were found sitting on the bags, whereas the accused Sube Singh succeeded in escaping. After giving an option of search by the Gazetted Officer or a Magistrate, the accused offered to be searched before a Gazetted Officer. So, DSP Tohana was called through wireless message. Thereafter, ASI Subhash Chander searched the bags lying in the Tata four wheeler. The bags were found to be 9 in numbers and were found containing 40 kgs. poppy husk. On weighment, each bag was found containing 40 kgs of poppy husk. Sample weighing 200 grams was taken out from each bag. Consequently, the samples as well as the bulk poppy husk were converted into parcels and were sealed with the seal of "SC" and "US" and the same were taken into possession vide recovery memo Ex. PE. The Investigating Officer sent ruqa to the police station; prepared rough site plan of the place of occurrence; arrested the accused persons; recorded statements of the witnesses. The case property and the accused were taken to the Police Station and were produced before SI/SHO Mahender Singh, who after verification of the case property and the accused put his own seal "MS" on the case property as well as sealed parcels. Sube Singh was also arrested later on. On completion of the investigation challan against the accused was presented in the Court.

(3.) DURING evidence, the prosecution examined ASI Om Parkash (PW1), who had recorded the formal FIR on receipt of the ruqa from ASI Subhash Chander.