SOHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-appellants Sohan Singh and Gurcharan Singh (herein referred as 'the accused') were prosecuted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for brevity, 'the Act') for keeping in their possession 40 kgs of poppy husk without any licence or permit. Consequently, vide judgment dated 5.12.2002 passed by the Additional Sessions Judge, Sirsa, they were convicted and sentenced to undergo rigorous imprisonment for eight years and to pay fine of Rs. 80,000/- each.

(2.) Factual matrix of the case is that on 7.6.1998, ASI Gurmit Singh along with other police officials was going from B.B.M.B. Desumalkana towards village Giana in connection with patrolling. The accused were seen coming on a scooter bearing registration No. PID 4355. They were carrying a jute bag. On suspicion they were stopped. Suspecting some contraband in their possession, they were given option if they wanted to be searched in the presence of a Gazetted Officer or a Magistrate. However, they reposed confidence in the Investigating Officer. On search, they were found in possession of 40 kgs of poppy husk. Two samples of 200 grams each were taken out of the bulk poppy husk. The sample as well as the remaining bulk poppy husk were seized vide memo Ex.PB. Statements of the witnesses were recorded. The accused were arrested. On completion of the investigation, they were challaned. Consequently, court charged them for the offence under Section 15 of the Act but they sought to contest the charge.

(3.) In order to prove the charge, prosecution examined HC Kulwant Singh (PW1), SI Shubh Ram (PW2), ASI Gurmit Singh (PW3), C. Subhash Chander (PW4), C. Kanwar Singh (PW5) and SI Balwan Singh (PW6).