JANG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.1.2005/ order of sentence dated 5.2.2005 passed by the learned Additional Sessions Judge, Fatehabad whereby he convicted and sentenced the accused Jang Singh to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.20,000/- under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1988 (for brevity the Act) and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) Shortly put, facts of the prosecution case are that on 29.6.2001 Inspector Mohinder Singh amongst other police officials was proceeding to Police Station Bhattu Kalan in a government jeep bearing registration No. HR- 22B/0337 being driven by Constable Harbans Lal. When they neared the canal bridge in the area of village Bhodia Khera, the accused was spotted approaching from the side of fields carrying a 'gathri'(bundle) on his head. On catching sight of the police party, he squatted near the 'sheesham' tree on the pretext to urinate. On suspicion, he was apprehended. On search the 'gathri' was found containing poppy husk. Two samples of 100 grams each were drawn from the bulk and were converted into parcels, which were sealed with the seal MS. The residue when weighed came to 20 kilograms of poppy husk which was turned into parcel and sealed with the same seal. The seal after use was handed over to constable Balbir. The sealed parcels were seized vide recovery memo. Ruqa was sent to the Police Station, where on its basis formal F.I.R. was recorded. Rough site plan showing the place of recovery was drawn. The accused was arrested. After completion of investigation, the charge-sheet was laid in the court of Ilaqa Magistrate, who committed the case to the Sessions Court for trial of the accused.

(3.) The accused was charged under Section 15 of the Act to which he did not plead guilty and claimed a trial. In order to substantiate its allegations the prosecution examined PW.1 HC Jagdish Chander, PW-2 HC Sampuran Singh, PW-3 SI Lal Singh, PW-4 Inspector Mohinder Singh, PW- 5 Inspector Jai Kishan (retired), PW-6 Inspector Som Raj, PW-7 Balbir Singh and closed its evidence.