MELA SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Mela Singh was convicted by the trial court u/S. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (N.D.P.S. Act) and sentenced to 12 years, R I. and to pay a fine of Rs. 1 lakh for being in illegal and unauthorised possession of 5 kgs. poppy husk.

(2.) Briefly stated the prosecution case is that on 27.7.1990, S.I. Prakash Chand (P.W. 5) alongwith A.S.I. Om Parkash was on patrol duty at departure hall of Inter-State Bus Terminal, Delhi. Following a tip off, a raiding party was organised at about 5.15 p.m. and the appellant was apprehended at platform Nos. 8 & 9 and from his possession 5i kgs. of poppy husk was seized vide seizure memo Ex PW. 5/A. The samples were sent for the chemical examination & after receiving the report, charge sheet was laid.

(3.) Appellant in his statement u/S. 313, Cr. P.C. stated that he was falsely implicated. Learned trial court accepted prosecution case and convicted appellant.