BALWINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Balwinder Singh has filed the instant criminal appeal to challenge judgment of conviction dated 08.02.2005 and order of sentence dated 10.02.2005 passed by learned Special Judge, Rohtak, whereby the accused -Appellant stands convicted under Sections 15 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short - the Act) and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/ -and in default thereof, to undergo further rigorous imprisonment for two years for each of the two offences. However, both the sentences were ordered to run concurrently.

(2.) PROSECUTION case is that on 06.01.1989, police party headed by SI Pritam Singh, received secret information that truck bearing No. PJE -8677 loaded with bags of poppy husk was coming from the side of Bhiwani towards Kalanaur. Raiding party was prepared to intercept the truck. However, after a little while, PWs Sudershan Kumar and Harphool Singh came on a scooter and informed that just ahead of Village Lahli towards Rohtak, the aforesaid truck was lying overturned and some bags were lying scattered. The police party along with aforesaid witnesses went there. The bags were found containing poppy husk. There were 102 bags in all. Each bag contained 46 kilograms of poppy husk. Out of each bag, 200 grams of poppy husk was separated as sample. On search of the truck, opium weighing 50 grams wrapped in a polythene paper was recovered. Out of it, 10 grams was separated as sample. A bag containing 401/2 kilograms white powder was also recovered. Out of it, 100 grams powder was separated as sample. All the samples and remaining substances were sealed into parcels and were seized by the police. Ruqa was sent to the Police Station and thereupon, FIR was registered. On further search of the truck, a plastic bag containing some documents including an affidavit, a goods receipt, a bill and two driving licenses of Balwinder Singh accused and one Awatar Singh were recovered. Five shoes of three pairs were also recovered. All these articles were also seized by the police. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. Case property was deposited with Moharrir Head Constable (MHC) in the Police Station.

(3.) IN support of its case, prosecution examined three witnesses.