Surender @ Kala vs State Of Haryana

According to the prosecution PW6 SI Satbir Singh was on usual patrol duty on 24.06.2002 along with other police officials at bus stand of village Bichpar, Distt Sonipat. Secret information was received by him that the appellant was selling opium and was roaming in the village in search of customers. This information was reduced to writing in the form of Ruqa Ext. PF and was sent to the Police Station for information, whereupon DDR Ext. PC was recorded. PW6 Satbir and other police officials reached the bus stand and saw the appellant coming from village Gangana side. He was apprehended. The appellant was told that he was suspected to be carrying opium in his possession and as such his personal search had to be undertaken and that he had a right to be searched in the presence of a Gazetted Officer or a Magistrate. The appellant was given an appropriate notice vide Ext. PA under Section 50 of the Act and by his reply Ext. PA/1 he opted to be searched before a Gazetted Officer.

Thereafter a wireless message was sent to PW4 Shyam Singh Rana, DSP Gohana who reached the spot. The appellant was produced before him and PW4 was also acquainted with the facts of the case. Thereafter, on the instructions of PW4, personal search of the appellant was undertaken which resulted in recovery of opium from the possession of the appellant. The opium was found in a polythene bag tied in a cloth around the stomach of the appellant. On weighment, it was found to be 1kg 50gms. A sample was taken and put in a small plastic bag while the remainder was put in a bag of cloth. The sample and the remainder were separately sealed and taken in possession vide memo Ext. PB. The seal was then handed over to PW1 ASI Bishamber Lal. Thereafter Ruqa Ext. PC was sent to the Police Station for registration of crime, whereupon FIR Ext. PC was recorded by PW2 Head Constable Om Parkash.

The appellant along with the case property was produced before PW3 Yad Ram SHO of Police Station who verified the fact and put his own seal bearing impression “YR” on the sample as well as on the remainder. Thereafter the sealed case property was handed over to the Investigating Officer who deposited the same with Malkhana. In due course of time the FSL report Ext. PD was received wherein it was opined that the sample in question was opium. After completion of investigation the appellant was charge-sheeted and tried for having committed the offence punishable under Section 18 of the Act.

………………………J. (V. Gopala Gowda) …………………..……J. (Uday Umesh Lalit) New Delhi, January 19, 2016 ITEM NO.1D-For Judgment COURT NO.10 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Crl.A.No.50/2016 @ Petition(s) for Special Leave to Appeal (Crl.) No(s).

Date : 19/01/2016 This appeal was called on for pronouncement of JUDGMENT today.

For Petitioner(s) Mr. Rakesh Dahiya,Adv.

For Respondent(s) Mr. Sanjay Kumar Visen,Adv.

Hon'ble Mr. Justice Uday Umesh Lalit pronounced the judgment of the Bench comprising Hon'ble Mr. Justice V. Gopala Gowda and His Lordship.

Leave granted.

The appeal is dismissed in terms of the signed reportable judgment.

Pending application(s), if any,stand(s) disposed of.

(Signed Reportable Judgment is placed on the file)