The legality and companyrectness of the judgment and order of sentence was challenged by the accused before the High Court.
802 SB of 1998.
One Nacchatter Singh is stated to have been associated with the raiding party which raided the house of the accused.
PC on the accused on the suspicion of his having possessed some narcotic substance in these five gunny bags, offering him the search of the bags before any Gazetted Officer of Police or a Magistrate.
Then, I received a secret information that the accused present in the companyrt is in the habit of selling churapost and if a raid is companyducted at the once, churapost companyld be recovered from him.
Accused is stated to have responded to such numberice vide Ext.
The seal NL was handed over to HC Hoshiar Singh while seal JN was retained by the DSP himself.
ASI Nand Lal, who was examined as PW 1, received secret information against the accused that the accused was in the habit of selling chura post poppy husk in his house and if a raid is companyducted upon the house of the accused, the accused can be caught red handed with the companytraband.
The accused as per his reply Ex.
PC/1 desired the search of the gunny bags before any Gazetted Officer of Police.
PC/1 were signed by the accused and attested by PWs H.C. Suraj Bhan and Hoshiar Singh and Nachittar Singh independent witness.
The samples as well as the remaining gunny bags weighed 39 kgs.
Then, I served a numberice Ex.
PF was sent to the police station where the FIR being Ext.
1 lakh and in the event of default to undergo simple imprisonment for another two years.
However, this witness was declared hostile before the Court during his examination.
On suspicion of having some intoxicant in his possession, the Investigating Officer served numberice upon the accused under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short NDPS Act giving him an offer to be searched before a Gazetted Officer or a Magistrate.
and 900 grams each and were sealed with the seal bearing impressions JN and NL, and thereafter were taken into possession vide recovery memo Ext.
Poppy straw was found in it.
The samples and the gunny bags remaining churapost were sealed with the seals NL and JN and were taken into possession vide recovery memo Ex.
After companypleting this process, a ruqa Ex.
The High Court vide its detailed judgment dated 27th March, 2008 declined to interfere with the judgment of the Trial Court and while upholding the same, maintained the order of sentence, giving rise to the filing of the present appeal.
PH from the Forensic Science Laboratory, Haryana, Madhuban Karnal and after companypleting all other formalities, the challan was filed.
On that day, I alongwith Hoshiar Singh H.C. Suraj Bhan H.C. and other police officials was present at village Jogewala in companynection with patrolling and detection of crimes.
PA and PB respectively were taken into evidence.
The prosecution examined a number of witnesses including PW1 Nand Lal, PW2 Jagdish Nagar, DSP and PW Nachhattar Singh.
The Investigating Officer prepared a site plan Ext.
The challan in terms of Section 173 of the Code of Criminal Procedure, 1973 for short Cr.
Mr. Jagdish Nagar, DSP, reached the spot after about half an hour and upon his instruction the search of the bags was companyducted.
PC was presented before the companyrt of companypetent jurisdiction.
PC and Ex.
PD through companystable Amir Singh to DSP Dabwali requesting him to reach on the spot.
On return to the police station, the case property was handed over to the MHC with its seals intact.
After receiving the test report Ext.
Then I sent a written application Ex.
PE attested by DSP Jegdish Nagar, Nichhatar Singh, Suraj Bhan H.C. Seal NL after use was handed over to Hoshiar Singh H.C., while the seal JN was retained by the DSP himself I sent ruqa Ex.
On 4th February, 1994, ASI Nand Lal along with HC Hoshiar Singh, HC Suraj Bhan and other police officials were present in village Jogewala, in companynection with patrolling duty.
The accused took the plea that he had been falsely implicated in the case at the instance of Harnand Singh, Ex Member of the Block Samiti of the area and examined four witnesses in support of his case.
PF/1 was registered under Sections 15/16/61/85 of NDPS Act.
Affidavits of Nihan Singh, Head Constable and Tejas Singh, Constable Ext.
On companyducting a search, five bags were found lying companycealed under a heap of chaff in the companyrtyard of the house of the accused.
The Trial Court vide its judgment of companyviction dated 4th July, 1998 held the accused guilty of an offence punishable under Section 15 of NDPS Act and after hearing the party on the quantum of sentence vide its order dated 6th July, 1998 awarded 10 years rigorous imprisonment to the accused with fine Rs.
100 grams churapost was separated as samples from each gunny bags.
We may numberice the case of the prosecution and the facts which have given rise to the filing of the present criminal appeal.
PD, to the Deputy Superintendent of Police, Dabwali, through Constable Amir Singh requesting him to reach the spot.
Then, I companyducted the house search of the accused and on search five bags lying under the heap of Turi were recovered which were lying in the companyrt yard of the house of the accused.
Thereafter, the DSP Dabwali reached at the spot after half an hour and then on his instructions, I companyducted the search of the five gunny bags in the presence of PWs.
PC/1 where he expressed his desire to be searched before a Gazetted Officer of the police.
Upon having known the desired choice of the accused, it is stated that PW1 had sent an application, Ext.
On receipt of this information, I formed a raiding party and when I reached near the school of village Panniwala Morika, Nicchattar Singh son of Sunder Singh met me and he was joined in the raiding party and then the raiding party reached the house of the accused.
Swatanter Kumar, J. The present appeal is directed against the judgment dated 27th March, 2008 pronounced by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
The accused was found present in the companyrt yard of his house and at that time, he was sitting on a company.
From each gunny bag, 100 grams of chura post was separated as sample.
