ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) ASHOK Kumar, appellant, in this appeal has assailed the judgment dated 2.6.1989 of Shri N.K. Jain, Sessions Judge, Sirsa convicting him (appellant) of an offence under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as 'the Act') and sentencing him to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000/- or in default of payment of fine to further undergo R.I. for a period of two years.

(2.) THE appellant was prosecuted on the allegation that on 4.5.1986, SI Chattar Singh, Incharge Police Post Khairpur under Police Station City Sirsa alongwith the police officials including M.H.C. Jagdish Chander were present when SI Chattar Singh received secret information that the appellant alongwith Munish Kumar used to sell chura post (poppy husk) in a shop hired by them from Om Parkash Bagri. SI Chattar Singh sent an intimation through ruqa Ex. PE/1 for registration of a case on the basis of which formal F.I.R. was registered in the Police Station. The police Incharge proceeded to the shop of Om Parkash Bagri besides joining Joge Ram. SHO Chattar Singh came to know from Om Parkash and Unis Massi who met him there that the goods had been carried to the Transport Company of Yashpal Sodhi in the carts some time earlier. Both Om Parkash and Unis Massi were also joined in the police party and SI Chattar Singh reached the Sodhi Goods Transport Co. Yashpal Sodhi, proprietor of the Transport Company was found there besides 45 bags were lying outside the Transport Company which were found to contain 50 kgs. of chura post in each of the bags. SI Chattar Singh took 100 gms. out of each bag for sample in accordance with the rules which was sealed with his own seal sand the seal after use was handed over to Yashpal Singh. He also took into possession these bags numbering 45 through memo. Ex.PB. He recorded the statements of PWs including those of Shera and Nimam in whose carts the goods were carried to the Transport Company. Yashpal Singh Sodhi also produced bilty (goods receipt) Ex.PA, which was taken into possession by the SI, vide memo. Ex.PA/1. The appellant and his companion Munish Kumar happened to reach there subsequently and claimed that he deals in tobacco. He was not arrested at the spot. SI Chattar Singh deposited that case property with the M.H.C. in the Police Station with the seals intact. Information regarding seizure of the case property was given to the S.H.O. On receipt of the report of the Chemical Examiner, the samples were found to be that of poppy husk. The appellant alongwith Munish Kumar were challaned for an offence under Section 15 of the Act.

(3.) WHEN examined under Section 313 Cr.P.C., the appellant denied the case of the prosecution as totally false and claimed to have been involved falsely. However, no defence evidence was produced.