BAGGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused - Bagga was sent up for trial by the Police of Police Station Pehowa to face trial under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Vide judgment dated 23.2.2005 passed by the Additional Sessions Judge, Judge Special Court, Kurukshetra the accused was convicted for an offence under Section 15 of the Act. Vide order dated 25.2.2005, appellant was sentenced to undergo rigorous imprisonment for a period of ten months and to pay a fine of Rs. 10,000/-. Hence, the present appeal by the accused-appellant.

(2.) Prosecution case, as noticed by the trial Court in paras No. 2 and 3 of its judgment, is reproduced herein below :-

(3.) On appearance before the said Court, the accused was supplied copies of the respect under Section 173 of the Code of Criminal Procedure free of costs, as envisaged under Section 207 of the Code of Criminal procedure. After providing a hearing to the prosecution and to the defence, vide order dated 16.8.2002 of Sh.Ashok Bhardwaj, the then learned Presiding Officer of the Special court (under NDPS Act, 1985), the accused was charge-sheeted under Section 15 of the Act to the effect that on 21.3.2002 in the area of Police Station, Pehowa, he was found in his conscious possession 10 kgs of chura post, without any permit or licence. The said charge was read over and explained to the accused in simple Hindi to which he had pleaded not guilty claiming trial"