JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 12.2.1996, passed by the court of the Additional Sessions Judge, Ambala, who convicted the appellant u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced him to undergo R.I. for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I. for one year.

(2.) The brief facts of the case are that on 17.10.1991, Baljit Singh, SI, GRP, Ambala Cantt., along with HC Avtar Singh, HC Rattan Singh, and Constables Ranjit Singh and Ved Parkash, was present on patrol duty on platform No.4, Railway station, Ambala Cantt, when he observed that Jagdish accused was sitting on two gunny bags on the platform and after seeing the police party, he tried to move. In the meantime, Raj Kumar, PW, also reached there. On suspicion, the appellant was over-powered by SI. Paramjit Singh Ahlawat, the then DSP, GRP, Ambala Cantt., reached at the platform. The gunny bags were which were in the possession of the appellant were searched by the I.O. in the presence of the DSP and Raj Kumar and other members of the police party and poppy husk was found there. In one bag, the weight of the poppy husk was 32 kgs. and in the other, poppy husk was 18 kgs. The I.O. separated 100 grams of poppy husk by way of sample from each bag and made a sealed parcel thereof and the remaining poppy husk was separately sealed with the seal bearing inscription 'BS'. the seal after use was handed over to the independent witness Raj Kumar. Accused could not produce any licence or permit for the possession of the poppy husk. Resultantly, Ruqa Ex. PE, was sent to Police Station for the registration of the case and the formal F.I.R. Ex. PD, was registered. The I.O. also prepared the rough site plan, Ex. PF of the place of recovery and recorded the statements of the witnesses and on return to the police station, the case property was produced before SI Darshan Lal who re-sealed the same with his own seal bearing inscription 'DL'. The sample of poppy husk was sent to the office of the Chemical Examiner, who vide separate report, declared the contents as chura of the poppy husk and on the completion of the invstigation of the case, the appellant was challaned in the court of the Area Magistrate, who supplied the copies of the documents to the appellant free of cost as required under the law and committed the accused to the court of sessions to face trial.

(3.) Vide order dated 18.7.1995, the appellant was charge-sheeted u/s 15 of the Act on the allegations that on 17.10.1991, on platform No.4, Railway Station, Ambala Cantt., he was found in possession of 50 Kgs. of poppy husk, permit and thereby he allegedly committed an offence u/s 15 of the Act. The charge was read over and explained to the appellant, who pleaded not guilty and claimed a trial.