HAR NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) HAR Narain has come to this Court in this appeal against the judgment of conviction and order of sentence dated February 8, 1989, vide which he was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short NDPS Act), 1985 and sentenced to undergo 10 years rigorous imprisonment and a fine of Rs. I lac, or in default to further undergo two years rigorous imprisonment.

(2.) THE appellant was sent up for trial on the allegations that on December 18, 1987, a police party headed by ASI Dharam Vir noticed the appellant coming from the side of village Lohgarh. On seeing the police party, the appellant tried to escape and his movement being suspicious. He was intercepted. On interrogation, the appellant disclosed that the gunny bag contained poppy-husk. The bag was then searched and 10 kgs. poppyhusk was found, out of which a sample weighing 100 gms was withdrawn, 'The sample and remaining poppy-husk were sealed and taken in possession 'vide Ex. PA. Formal FIR Ex. PB was recorded in the Police Station and the case was registered. Rough site plan Ex. PC was also prepared and the case property Ex. P1 was banded over to the MHC After obtaining the report of the chemical examiner Ex. PE the appellant was sent up for trial.

(3.) AFFIDAVITS of MHC Hari Singh, Ex. PD and -H. C. Jagdish Singh, Ex. PF, also tendered. 10