RANGI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried in the Court of Additional Sessions Judge, Karnal on an allegation that during the night intervening 21/22-2-1984 while he was crossing Yamuna river from the Uttar Pradesh side he was carrying with him 30 Kg. of poppy husk and thereby he had committed an offence punishable under S. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) In order to prove its case the prosecution had examined sub-Inspector Ram Krishan S.H.O. Police Station, Indri who had gone near the river along with Head Constable Sahab Singh for the purpose of patrolling. The prosecution had also examined Head Constable Sahab Singh and relied upon the recovery memo (Exb. PC, the report of the chemical examiner (Exb. PF) and the link evidence in the form of affidavits (Exb. PA and PB).

(3.) The trial Court believed the evidence of the two witnesses and further held that the defence raised by the accused that he was falsely involved at the instance of Constable Krishan Lal was an afterthought. The learned Additional Judge, therefore, convicted the accused under S. 15 of the N.D.P.S. Act and sentenced him to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1 lac.