RAMU MANDAL Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) Appellant-Ramu Mandal has directed the present appeal against the judgment and order dated 17.7.2012 passed by Ms. Preeti Sahni, Judge, Special Court, Chandigarh 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 one year and to pay a fine of Rs.2,000/- 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 10.7.2008, police party headed by SI Rajinder Pal along with other police officials was present on checking duty near bridge Khuda Lahore at Chandigarh. At about 4.00p.m., a boy, who was carrying a white katta on his right shoulder was seen coming on foot. He was stopped and on enquiry he revealed his name, parentage and address. Then the katta which he was carrying was checked and poppy husk wrapped in a polythene paper was found, which on weighing found 3Kg.500grams. The accused could not produce any licence or permit for keeping the said poppy husk. Two samples weighing 250-250 grams each were taken. The samples and the remaining poppy husk 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.