IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

783 CRA-S-4126-SB-2018 (O&M)

Decided on: April 24, 2026.

SATNAM AND ANOTHER ...Petitioner Versus STATE OF HARYANA …Respondent CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ PRESENT Mr. D.S. Virk, Advocate, for the appellants.

Mr. Onkar Singh Wahla, Sr. DAG, Haryana.

VINOD S. BHARDWAJ. J. (ORAL)

The instant appeal has been preferred against the judgment of conviction and order of sentence dated 18.09.2018 passed by the Special Judge, Kaithal, in Sessions (NDPS) case bearing No.37 dated 23.11.2016 arising out of FIR bearing No.197 dated 26.10.2016, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), registered at Police Station Guhla, District Kaithal, whereby the appellants have been convicted for commission of offence under Section 15 (b) of the NDPS Act, for having been found in possession of 02 kilograms of poppy straw and vide order of even date have been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.25,000/- and in default of payment of fine to further undergo simple imprisonment for a period of two months.

2 In brief, it is the version of the prosecution that on 26.10.2016, a police party headed by Assistant Sub-Inspector Shiv Kumar (PW4) of CIA-I, Kaithal and consisting of Exemptee Assistant Sub- Inspector Virender Kumar (PW5), Head Constable Sanjay Kumar and Exemptee Head Constable Rajesh Kumar, was present near the water distributory and Community Health Centre, Guhla, for patrol and crime detection duty in a Government vehicle bearing registration No. HR64- 3860, when Constable Narender Singh (PW8) met Assistant Sub-

Inspector Shiv Kumar and got his statement 'Ex.P5', recorded as under:

"I am posted in CIA-I, Kaithal. Today when I was present at Samadha Road, Guhla, in connection with secret duty, informer met me and told me that Sattu son of Chuhar Ram and Vicky Ram son of Surjeet Singh, residents of village Chanchak, were fond of keeping illicit weapons and most of the time, they were remaining together and on that day also, after a while, they will come towards Guhla, from the side of village Chanchak and if barricade was laid, both of them could be apprehended with illicit weapons."

3 As the information was supplied by a social and reliable person, Constable Narender Singh got recorded his statement to the Investigating Officer. Assistant Sub-Inspector Shiv Kumar shared the secret information with the fellow police officials, and thereafter, the police party laid a barricade on the water distributorv Guhla, towards village Samadha. After about half an hour, two young boys, matching the description furnished by the informer, came on a motorcycle from the side of Samadha Road and on their coming near, they were stopped with the motorcycle. The boy riding the motorcycle identified himself as appellant Satnam alias Sattu, and the pillion rider identified himself as appellant Vicky Ram son of Surjeet Singh. There was a polythene of green colour between both the appellants, on opening which, poppy straw was found. Appellant also confirmed that there was poppy straw in the polythene. On weighing the polythene, it was found to be 2 kilograms of poppy straw. Parcel of the polythene was prepared, upon which two seals of monogram of 'NK' were affixed. A sample seal impression sheet was also prepared. Seal after use was handed over to Exemptee Assistant Sub-Inspector Virender Kumar. The motorcycle was recovered, having registration No. PB65W-3625 and its make was Hero HF Deluxe of black colour, chassis No. MBLHA11EWD9C17930 and Engine No. HA11EFD9C17928. Parcel of poppy straw, sample seal impression sheet and motorcycle were taken into possession of the police vide seizure memo 'Ex.P6'. Written intimation 'Ex.P2' was sent to the Police Station through Head Constable Sanjay Kumar for registration of F.I.R. for the commission of an offence punishable under Section 15 of t