MUSTKEEN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Mustkeen has directed the present appeal against the judgment dated 3.8.2012 and order dated 6.8.2012 passed by Ms. Manisha Batra, Additional Sessions Judge, Special Court, Yamuna Nagar at Jagadhri vide which accused/appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short- the NDPS Act ) and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs5000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month.

(2.) The brief facts of the prosecution case are that on 5.4.2011 police party headed by SI Sandeep Kumar was present at ChhachhrauliDadupur road crossing when Ram Jattan met the police party. Sub Inspector was having conversation with him, then a person was found coming from Dadupur head side. On noticing the police party he returned back his motor cycle and tried to run away. The motor cycle fell down in the process. The accused after throwing the bag tried to flee. On suspicion he was apprehended by the police and one polythene containing poppy husk was found in his bag without any permit or licence. Two samples weighing 100-100 grams each and the remaining opium weighing 3Kgs 800grams were sealed separately. The accused was arrested. Statements of the prosecution witnesses were recorded. After completion of necessary investigation challan against the accused was presented in the Court for trial of the accused.

(3.) On appearance of the accused copies as relied upon by the prosecution were supplied to the accused. Charge under Section 15 of the Act was framed against the accused, who pleaded not guilty and claimed trial.