IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on: 27.01.2025 Pronounced on: 30.01.2025 Dharam Singh@ Bhutto -Appellant Versus State of Haryana -Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Kulvir Narwal, Advocate with Mr. Abhisar Chaudhary, Advocate and Ms. Geetanjali Bhatia, Advocate for the appellant.

Ms. Trishanjali Sharma, D.A.G., Haryana.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

745 24.8.1997 Pehowa 15 of NDPS Act Case No. SC No. 55 of 2003 Date of Decision: 14.11.2003 Names of accused/ Dharam Singh @ Bhutto convicts/ appellants Conviction under section 15 of the NDPS Act Sentence imposed R.I. for 10 years and fine of Rs. 1,00,000/-. In default, RI for one year

1. The accused, convicted and sentenced as mentioned above, had come up before this court by filing the present appeal.

2. By the time the sentence was suspended and he was released on bail, according to the custody certificate dated January 24, 2025, he had already served 3 years, 8 months, and 13 days in this FIR.

3. The prosecution's case is being taken from FIR, the special report filed under Section 57 of the NDPS Act, and the police report under Section 173 CrPC.

4. On August 24, 1997, a police party headed by SHO/SI was patrolling in their jurisdiction to detect crime. When they were present at Pehowa roundabout, they received secret information that the appellant, who was present in a tractor trolley RSM-1255 make Escort, was carrying rice husk (Turi) and had concealed two bags of poppy husk under the rice husk and was coming towards Pehowa. The Investigator found the information credible and informed DySP, asking him to reach out on the spot. The police Inspector and his officials reached a T-point near Dhand to apprehend the driver and stop the tractor trolley. In the meantime, they noticed the above-described tractor, which was signaled to stop. On inquiry, the driver revealed his name as Dharam Singh (appellant). Subsequently, the Investigator apprised the driver of the tractor that they had information that he had concealed poppy husk beneath the rice husk and further asked whether he would like to get the search of his tractor conducted before a Magistrate or Gazetted officer or if he would be satisfied if the Investigator himself carries on the search. On this, the appellant told the Investigator that he would like the search to be conducted by a Gazetted Officer. As such, a memo under Section 50 of the NDPS Act was written, and the appellant's signatures were obtained on it.

5. Meanwhile, Yogender Singh Nehra DySP reached the spot. He was informed of confidential information and the apprehension of the tractor. In his presence, the tractor- trolly was searched, and from underneath the rice husk, police detected two gunny bags, which were taken out, and upon opening them, the Investigator detected poppy husk. Subsequently, both the gunny bags were weighed and found weighing 47 kg and 36 kg. After that, two samples of 500 grams were taken from both the bags and sealed with the seal of impression ‘RC’. The remaining bags were also sealed with the same seal. The sample seal was handed over to ASI Rajinder Singh. Yogender Singh Nehra, DySP, also put his seal ‘YN’ on the samples and the bulk.

6. Subsequently, the poppy husk samples, along with the tractor, were seized and taken into possession vide seizure memo, and ASI has put his signature on the recovery memo. DySP also attested to the same. Based on this information, the above-captioned FIR was registered.

7. The samples were sent to the laboratory upon receiving the report from Ex. PJ, the samples tested positive for poppy straw. The prosecution was launched, and the trial Court found prima facie evidence and framed charges against the appellant for the commission of an offense punishable under Section 15 of the NDPS Act (Act No.61 of 1985). The appellant did not plead guilty and claimed trial. The prosecution’s witnesses supported the Investigator’s versi