NATHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated 30.05.2008 passed by the High Court of Punjab and Haryana at Chandigarh in CRLA No. 76/2007 whereby the High Court, while dismissing the appeal filed by the Appellants, confirmed the order of conviction and sentence passed by the trial Court against them under Section 15(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the Act').

(2.) The case of the prosecution, in short, is that on 09.01.2003, when SI Khayali Ram (PW 8) and other police officials were present at bus-stand of village Hamzapur in connection with patrolling and detection of crime, a confidential informant revealed that the appellants Natha Singh, Sukhdev Singh, Baljeet Singh and Deedar Singh had brought contraband poppy husk in truck No. HR-57-1018 from Rajasthan which is parked in the courtyard of Deedar Singh and they were waiting for a chance to unload the same in the bunker constructed in the cattle Kotha of Deedar Singh. SI Khayali Ram (PW 8) then informed the same to DSP through V.T. message and when DSP arrived at the busstand, they conducted a raid and apprehended Natha Singh, Sukhdev Singh and Baljeet Singh from the spot and 30 bags of poppy husk was recovered. On the directions of the DSP, those bags were checked by SI Khayali Ram, the contraband poppy husk was sampled and the reminder was weighed recording the content in each bag as 39 Kilograms and 800 grams and took them into police possession. After completion of the formalities, the accused were arrested. Upon investigation, charge sheet was filed against the appellants who pleaded not guilty and claimed trial.

(3.) After an elaborate consideration, the trial court came to the conclusion that the appellants were found to be in possession of the contraband poppy husk in `commercial quantity', as described under Section 15(c) of the Act and convicted and sentenced them to undergo rigorous imprisonment for twelve years (12 years) and to pay fine of One Lakh Rupees each and in case of default of payment of fine, they would be liable to further suffer simple imprisonment for a period of two years.