JASBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AFFIDAVIT of Sh. Dinesh Yadav, Officiating Superintendent of Prison, Narnaul as regards the custody period of the applicant -Jasbir Singh filed in court today is taken on record.

(2.) HEARD counsel for the parties.

(3.) THE applicant/Appellant has been convicted by the learned Additional Sessions Judge, Narnaul on 24.9.2008 for the offence punishable under Section 15 of the NDPS Act. The applicant/Appellant on 16.2.2007 in the area of Mahabir Chowk, Narnaul was found in conscious possession of 228 packets of 'churapost' (poppy husk) each weighing 2 kgs. The total weight came to 456 kgs of 'churapost' (poppy husk) which was in a TATA 407 vehicle. The Appellant/applicant has been sentenced vide order dated 26.9.2008 to undergo rigorous imprisonment for a period of 10 years; besides, to pay a fine of Rs. 1 lac and in default of payment of fine, to undergo further rigorous imprisonment for 2 years. At the time of admission of the appeal on 7.1.2009, the recovery of fine was stayed.