IMPORTANT POINT
The court emphasized the necessity of obtaining a search warrant under the Narcotic Drugs and Psychotropic Substances Act, reinforcing the importance of statutory compliance in criminal proceedings.

JUDGMENT :

Sureshwar Thakur, J.

1. The instant appeal is directed against the verdict made on 19.08.2005, upon Sessions Case No. 32 of 2004, by the learned Sessions Judge, Sirsa, where-through he convicted the accused for a charge drawn qua an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as “the Act”). Moreover, through a separate sentencing order of 22.08.2005, he proceeded to impose upon the convict sentence of rigorous imprisonment extending upto a period of 15 years, besides imposed upon him, sentence of fine of Rs.1,00,000/- besides in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment extending upto a period of five years.

2. The accused-convict became aggrieved from the above drawn verdict of conviction, and, also the consequent therewith sentences (supra), as became imposed. Resultantly, he instituted there-against the instant appeal bearing No. CRA-D-862-DB-2005.

FACTUAL BACKGROUND

3. The genesis of the prosecution case are that, on 16.10.2003, ASI Jagdish Rai while posted as such at CIA staff, Sirsa, was present near Old Truck Union, Sirsa, in connection with patrolling and crime detection along with ASI Jai Pal Singh, EHC Karambir Singh, EHC Rajinder Singh and other police officials. The police party was in a police jeep. ASI Jagdish Rai received a secret information to the effect that a truck with fictitious No. HR-31-4157 whereas its real registration number was RJ-31G-1558 was loaded with Choora post bags and had gone towards Dabwali from Sirsa and that the owner of the said truck was accused Jagjit Singh @ Kala son of Harjinder Singh and that the accused was himself driving the said truck. On this secret information ASI Jagdish Rai sent a written intimation Ex.PE to the Deputy Superintendent of Police (HQ) Sirsa, as required under Section 41 of the NDPS Act and thereafter he formed Dabwali a raiding party and proceeded towards Dabwali to apprehend the said truck. When the police party crossed village Panjuana and reached near a T-Point Bhangu they noticed the truck and as such the truck in question was apprehended and got stopped on the T-Point of village Bhangu. A fictitious registration number plate bearing registration No. HR-31-4157 was found affixed on the truck on the front as well as back side. The accused Jagjit Singh @ Kala was driving the said truck and hence he was apprehended. ASI Jagdish Rai then served a written notice under Section 50 the NDPS Act, Ex.PH to the accused informing him he had a suspicion that there was some contraband substance in the truck and, therefore the same was to be searched and that he had a right to get the truck searched in the presence of a Gazetted Officer or Magistrate if he so desired. The accused vide his reply Ex.PH/1 desired that the search of the truck be conducted in the presence of a Gazetted Officer. The notice Ex.PH and the reply Ex.PH/1 were signed by the accused and attested by ASI Jaipal Singh and EHC Karambir Singh. ASI Jagdish Rai then summoned Shri Rai Singh, Deputy Superintendent of Police, Sirsa, for conducting the search of the truck in his presence. He also summoned a photographer from Sirsa. Shri Rai Singh, Deputy Supdt. of Police then reached the place of recovery within few minutes and a photographer also reached there from Police Station Sadar Sirsa. The search of the truck was then commenced in the presence of Shri Rai Singh, DSP. The photographer had also taken the photographs before and after conducting the search. On search of the truck, the same was found with 170 bags containing poppy husk. Two samples of choora post, each weighing 100 gms., were separated from each bag and the remaining choora post in each bag was found to be 39 Kgs., 800 gms. All the samples and the gunny bags with the remaining choora post were separately sealed with the seals of JR as well as of RS and were taken into possession along with the and truck vide recover