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CASE NO.:

Appeal (crl.) 35 of 2000

PETITIONER:

GURBAX SINGH

Vs.

RESPONDENT:

STATE OF HARYANA

DATE OF JUDGMENT: 06/02/2001

BENCH:

M.B. Shah & K.G. Balakrishnan.

JUDGMENT:

Shah, J.

L...I...T.......T.......T.......T.......T.......T.......T..J

Aggrieved by the judgment and order dated 8th December,

1995 passed by the High Court of Punjab and Haryana in

Criminal Appeal No. 449-SB of 1986 confirming the judgment

and order passed by the Additional Sessions Judge, Karnal

dated 6.5.1986 convicting the appellant for the offence

punishable under Section 15 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (hereinafter referred to

as the N.D.P.S. Act) and sentencing him to suffer

rigorous imprisonment for 10 years and a fine of Rs.One lac,

in default of payment of fine further rigorous imprisonment

for 5 years, the appellant has preferred this appeal.

The accused was charged under Section 15 of the N.D.P.S.

Act. For proving the same, prosecution has examined P.W.2.

Ishwar Singh, SI who on 12th January 1986 at about 5.25 p.m.

was present on platform No. 1 of Railway Station, Karnal

for checking smuggling and other anti-social elements. At

about 5.25 p.m. Kalka passenger train arrived at Karnal

from the side of Panipat and halted at platform No. 1. It

is his say that when he was checking a second class

compartment, the appellant who was sitting in the

compartment became panicky and left the train from the door

towards the side of engine carrying a katta (gunny bag) on

his left shoulder. On suspicion, he was nabbed in presence

of witness and it was found that he was carrying poppy straw

weighing 7 k.g. in a polythene bag of white colour. After

separating 100 gms by way of sample, sample and the residue

were separately sealed in two separate parcels in presence

of witness. The seal which was affixed on parcels was

handed over to the witness (PW1) Harbans Lal. He has stated

that the case property was deposited with MHC on the same

day. He has also stated that on the personal search of the

accused, second class railway ticket was recovered. In

cross-examination, it is his say that he intercepted the

accused outside the compartment of platform No. 1. At that

time, Harbans Lal was present at the railway station to see

off his relatives. He offered himself to become witness to

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the recovery. He has also deposed that seal used for

sealing the case property remained with Harbans Lal for ten

days. It is his say that he had fixed only one seal made of

brass bearing I.S. on the gunny bag and also on the sample.

He admitted that seal of the police station is different

from the seal of the Investigating Officer and he has not

affixed the seal of police station on the case property as

also on the sample at the time of delivery to M.H.C. He has

also admitted that he was not maintaining any record of

information sent to Circle Inspector of the Police

Headquarter, G.R.P. It is his say that he had

telephonically informed his superior officer about the

seizure and its quantity. He has denied the suggestion that

accused who was a rikshaw puller was falsely implicated in

the case. He has also denied the suggestion that accused

asked to be searched in presence of Magistrate or other

superior officer.

Prosecution has also examined P.W. 1 Harbans Lal, a

panch witness. It is his say that on the date of incident

he was at the railway station to see off his sister and

brother in law. At that time, he noticed the accused

alighting from the train on seeing the police. Therefore,

accused was nabbed by the police in his presence. The

police found that the accused was carrying poppy straw

placed in polythene