BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeals 234-SB and 305-SB of 1998 as the same have been directed against a common judgment dated 7.2.1998 of Additional Sessions Judge Hisar.

(2.) These appeals have been preferred against conviction and sentence of Karnail Singh, Rakha Ram and Bhushan under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) who have been convicted and sentenced to undergo rigourous imprisonment for ten years and to pay a fine of Rs. One lac each, in default of payment of fine to undergo further R.I. for three years.

(3.) Case of the prosecution is that on 18.5.1992. A.S.I. Kanwar Singh. Incharge of Police Post Marh. Police Station Ratia along with other police officials was present in village Alika. He received a secret information that in the Kotha (Chamber) located in village Kalotha of Karnail Singh, poppy husk bags were 1ying. On receipt of this information A.S.I. Kamwar Singh reached the spot and informed Mange Rain Deputy Superintendent of Police. Fatehabad through wireless message to reach spot. Mange Ram D.S.P. also reached the spot and accused were found present on the spot. Forty bags of poppy husk were found lying in the kotha Hundred grams of poppy husk from each bag was taken as sample and the residue in each bag was weighed and was found to be 39 kgs 900 gms. Ruqa Exhibit PD was sent to the police station on the basis of which F.I.R. Exhibit-PD/1 was recorded. The samples and the bulk were sealed and taken into possession vide seizure memo Exhibit PC. Site plan Exhibit PE was prepared. Information was give to the Station House Officer vide Exhibit PE which was endorsed by him vide Exhibit PF/1. The samples were sent to Forensic Science Laboratory. Haryana and report Exhibit PB was received stating that the samples were of poppy straw.