DALER CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused-Daler Chand was convicted for an offence Under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) vide judgment dated 28.2.2006 passed by the Judge, Special Court, Kaithal. Vide order of even date, accused was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-. Hence, the present appeal by the Appellant-accused.

(2.) The case of the prosecution, as noticed by the trial Court in para 2 of its judgment, is reproduced here in below:

(3.) Learned Counsel for the Appellant has submitted that the prosecution had failed to establish its case to the effect that the Appellant was in conscious possession of the recovered contraband. The contraband had been recovered from a public place and the Appellant was, allegedly, standing near the contraband. Although Harbhajan Singh, Ex-sarpanch was present at the place of recovery but he was not joined as an independent witness. This shows that no recovery had been effected from the Appellant. The Appellant has undergone about four years and ten months of actual sentence.