IMPORTANT POINTS
Narcotic--Acquittal--Secret information received so was not reduced into writing and was not sent to any senior officer.

Mr. Jora Singh, J.: - Hans Raj, preferred this appeal to challenge the judgment of conviction dated 4.10.2002 and order of sentence dated 5.10.2002, passed by the learned Additional Sessions Judge, Hisar, in Sessions Case No. 48 of 2.8.2001, arising out of FIR No. 20 dated 21.1.2001, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as ‘the Act’), at Police Station Adampur.

2. By the said judgment, he was convicted under Section 15 of the Act and was sentenced to undergo Rigorous Imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo Rigorous Imprisonment for a period of one year.

3. Prosecution story, in brief, is that on 21.1.2001, police party headed by ASI Siri Bhagwan, on a private vehicle was going from the side of village Bhodia towards village Bhana then received a secret information to the effect that Hans Raj S/o Ramu @ Ram Naraian R/o village Bhana, was indulging in selling of poppy husk at his farm house. In case there is a raid then heavy quantity of poppy husk can be recovered. Taking the information to be credible ASI Siri Bhagwan alongwith the police party after joining Chabil Dass, Chowkidar, had gone to the Dhani of Hans Raj. When the police party was near the Dhani of Hans Raj then a young person was seen while sitting on the gunny bags who on seeing the police party ran away from the spot. An effort was made by the police party to apprehend that person but he managed to escape. Name of the person who had fled away from the spot was Hans Raj S/o Ramu @ Ram Narain. He was previously known to the police officials. Investigating Officer, suspected some contraband in the gunny bags. Gunny bags were 3 in numbers. Constable Vijay Singh, was sent to Police Station Adampur, to request the Deputy Superintendent of Police, City Hisar, to reach at the spot. DSP Jagdish Nagar, alongwith his staff and Constable Vijay Singh, came at the spot. In the presence of DSP Jagdish Nagar, ASI Siri Bhagwan, had searched the gunny bags lying on the spot. On search, the gunny bags were found containing poppy husk. 200 grams of poppy husk was separated from each bag to serve as sample and on weighment remaining poppy husk was found to be 39 Kg 800 grams in each bag. Samples and the remaining poppy husk in the same bags were sealed separately with the seal bearing impression ‘JN’ of DSP Jagdish Nagar. Seal after its use was kept by the DSP. Case property was taken into police possession vide recovery memo Ex. P-9 attested by the witnesses. Rough site plan with correct marginal notes was prepared. Statements of the witnesses were also recorded. Ruqa Ex. P-20 was sent to the police station on the basis of which formal FIR was recorded.

4. On return to the police station case property was produced before SI/SHO Prem Singh. After verifying the investigation and checking the case property, SHO had affixed his own seal on the sealed parcels bearing impression ‘PSK’. Case property was deposited by the Investigating Officer with the incharge of the Malkhana.

5. On 18.4.2001, accused had surrendered before the Magistrate at Hisar. Application was moved for joining the accused in the investigation of the case. As per order of the Court accused was joined in the investigation of the case. Sample parcels were sent to the office of the Chemical Examiner and as per report Ex. P-16 of the Chemical Examiner, contents of the sample parcels were found to be of poppy husk. After completion of investigation, challan was presented in the Court.

6. Accused was charge-sheeted under Section 15 of the Act, to which he pleaded not guilty and claimed trial.

7. In order to substantiate its case prosecution examined number of witnesses.

8. PW-1 HC Suresh Kumar and PW-2 Constable Ramesh Chander, tendered their affidavits Ex. P-1 and Ex. P-2, respectively.

9. PW-3 SI Prem Singh, was the SHO of Police Station Adampur. Case property alo