RAJIV Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed against the judgment convicting the appellant under Sections 15 of Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as the 'NDPS Act') and sentencing him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/-. In default of payment of fine he shall further undergo simple imprisonment for one year.

(2.) The case set up by the prosecution as contained in Ex.P69 was to the effect that on 30.07.2014, ASI Jug Lal while being posted as In- charge of Police Post Karah Sahib, Police Station Pehowa, District Kurukshetra, received a complaint from Sewa Ram on which FIR No.282 dated 30.07.2014, under Sections 279/336 IPC was registered. He reached at the place of occurrence situated at village Ishak on Rattangarh-Kakrali Road where he found a blue coloured tractor parked bearing registration no.HR-41-F-1642 (Sonalika make) and white coloured Skoda Octavia car bearing registration no. HR-26AM-0069.

(3.) It was found that the said car after 1 having met with an accident was found struck in the fields of one Rameshwar son of Kali Ram, resident of the village. After inspecting the place of accident, said Jug Lal, Investigating Officer, checked the car and in the boot of the car 12 white coloured plastic bags were found, out of them 11 were sealed whereas one was open. Each bag had inscription "AHAARATTA WHOLEMEAL, MFD BY M/S KASH IND ROLLER FLOOR MILL. NAWAL BALA, JAMMU-180006". On checking open bag, poppy straw was recovered. On suspicion remaining 11 bags were also opened and poppy straw were recovered. After arranging for computerized weighing machine and on weighment each sealed bag was found containing poppy straw of 20 kgs, whereas open bag was found having 16 kgs poppy straw. Two samples of 250 gram each of poppy straw were taken from each bag and converted into parcels. He sealed the above stated sample parcels and residue parcels. He then took above stated sample parcels as well as residue parcel in possession through a separate recovery memo which was signed by the witnesses mentioned therein. The above stated car was also taken into possession. The samples seal of each recovered parcel was also separately prepared. The seal, after use and after retaining specimen seal impression, was handed over to EASI Janpal, Sr. No.189. Information was sent through constable Pawan Kumar No.756 to Police Station, Pehowa for registration of case with a request that the number of FIR be intimated and further special reports be sent to higher officers. He also intimated about the said recovery to Station House Officer, Police Station, Pehowa and started conducting investigation. Police Station, Pehowa on receipt of the information registered an FIR and special reports were sent to concerned authorities. After registration of the FIR, a copy thereof was sent to ASI Jug Lal. He thereafter got it photographed. Statements of the witnesses were also recorded. During investigation, proceedings under Section 55 of the NDPS Act were conducted, rough site plan of the occurrence was also prepared.