BOOTA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 12.08.2004 and order of sentence of even date passed by learned Additional Sessions Judge, Sirsa, vide which the appellants were convicted for having committed offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and each of them was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1 lakh and in default thereof, to further undergo rigorous imprisonment for a period of two years. However, one of the co-accused, namely, Major Singh was acquitted.

(2.) The facts as put forth by the prosecution are to the effect that on 28.01.2002, S.I.Nand Lal alongwith fellow police officials were present at the canal bridge on Surtia-Rori road, where he received a secret information to the effect that the accused are selling poppy straw in a vehicle bearing registration number GUD-4997 on a 'kacha path' at Rori- Jatana road and they can be apprehended if raid is conducted. Accordingly, a raid was conducted and the accused were found sitting in the jeep bearing registration number GUD-4997 at the aforesaid place. Major Singh, co- accused of the appellants, managed to slip away, whereas, the appellants were apprehend at the spot. They were found sitting upon two bags kept in the said jeep. Notices under Section 50 of the Act were served upon them but the appellants reposed faith upon the police officials. The search of the bags led to the recovery of poppy straw. One bag was containing 39 kg of poppy straw and the second bag was containing 36 kg of poppy straw. Two samples weighing 100 grams each were separated from each bag. The sample parcels and the bulk parcels were converted into separate parcels and sealed with the seal bearing impression 'CS'. The jeep alongwith weighing scale, two weights of 500 grams each were also recovered and taken into possession vide recovery memos. Ruqa was recorded and dispatched to the police station on the basis thereof, the FIR was registered. Subsequently, Major Singh, co-accused, was arrested. and on completion of investigation, the challan the presented in the Court.

(3.) The charge was framed. The contents thereof were read over and explained to the appellants, to which they pleaded not guilty and claimed trial.