2012 (3) TMI 430

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....and order dated May 27, 1998 passed by the Additional Sessions Judge, Patiala (Special Court constituted under the NDPS Act) in Sessions Case No.26 of 12.9.1997 (arising from FIR No.24 dated 17.5.1997). Against the judgment and order passed by the trial court, the appellant preferred an appeal (Criminal Appeal No.483-SB of 1998) before the Punjab and Haryana High Court. The appeal too was, however, dismissed by  judgment and order dated August 31, 2009 and the High Court  upheld the trial court judgment without any modification in  conviction or sentence.    According to the prosecution case, on May 17, 1997 at  about 7.15 in the evening, the Station House Officer, Ghanaur  Police Station received a ruk....

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....t made by the appellant was reduced to writing,  following which the police party went to his residence where  three bags, each containing 40 kgs. of poppy husk, were  recovered from the room used for storing hay.   The search and recovery was made in presence of two  witnesses, one Baldev Singh, Sub Inspector, and the other the  Sarpanch of the village and the seizure memo was attested by  the Superintendent of Police. In support of its case the prosecution examined six  witnesses, including Inspector Rachhpal Singh, who led the  police party and at whose instance the recoveries are said to  have been made. Inspector Rachhpal Singh was examined as  PW-5 and in his deposition....

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....sp; was at a little distance from his residence.  Nothing  incriminating was found in the kirana shop and yet, according  to the case of the prosecution, the appellant voluntarily made  a statement in which he disclosed the fact that he had hidden  three bags of poppy husk in a room at his residence  a fact  that was till then unknown to anyone, including the police  party. In other words, the accused seems to have invited and  led the police to the narcotic substances that lay hidden in a  room at his residence.   In this case, we do not propose to go into the legal  question concerning the admissibility of the disclosure  statement made by the appellant under section....