DEVI DIAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) DEVI Dial son of Nathu Ram (since died) was convicted by learned Additional Sessions Judge, Ambala vide impugned judgment dated 25.9.1989 under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as the Act) and has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default of payment of fine to further undergo RI for one year. Aggrieved by the impugned judgment of conviction and sentence, he had preferred the present appeal.

(2.) IT would be most appropriate to mention here that a Criminal Misc. No. 33968 of 2003 under section 394(2) Cr.P.C. has been moved by one Ravinder Kumar son of the appellant for leave to continue with the appeal after the death of his father. Alongwith that an other application bearing Criminal Misc. No. 33969 of 2003 for condonation of delay was also moved. Notice of motion was issued to Advocate General, Haryana for today only. Since there was no objection from the side of the State the some was allowed after condoning the delay in filing the application under section 394(2) Cr.P.C. and the leave to continue with the appeal has also been granted vide my separate order of even date.

(3.) THE allegation against the appellant is that he was found in possession of 12 kgs. of poppy straw on 7.2.86. ASI Hari Chand PW2 being Incharge of Police Post Government Railway Police, Jagadhri had allegedly recovered the above said contraband from the appellant in the presence of one Sunehari Lal PW1, a Safai Karamchari at Railway Station and two Head Constables namely Vijinder Singh and Krishan Lal. Further allegations are that the appellant was found present in second class waiting room at Railway Station Jagadhri. After the alleged recovery, 100 grams of poppy straw were separated as sample and other formalities were also done at the place of alleged recovery by ASI Hari Chand PW2. The formal FIR Ex. P1 was recorded in the Police Station, Government Railway Police, Ambala Cantt after the receipt of ruqa. After the receipt of the report of Chemical Examiner, Ex. PD the appellant was challaned in this case. He was charged under Section 15 of the Act.