KAUR SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal lays challenge to judgment dated 12.11.2002, passed by the Additional Sessions Judge, Sirsa, whereby the appellants have been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act') .

(2.) The brief facts of this case are that on 19.06.2001, Zile Singh, Sub Inspector, CIA Staff, Sirsa along with other police officials was on patrolling in vehicle No. HR 24-D 3033. When they reached near Bus stand of village Faggu, accused were seen coming towards that side carrying a jute bag. Accused were stopped and were served with notices, Ex. PC and Ex.PD in compliance with provisions of Section 50 of the Act. A search of the accused led to recovery of 41 kgs. 600 grams of poppy straw. Two samples of 200 grams each were taken by the complainant. The samples and the bulk were sealed separately and were taken into possession vide recovery memo Ex.PE. After completion of investigation, challan was presented in the Court for commencement of trial. The accused were charge sheeted for offence under Section 15 of the Act, to which, they pleaded not guilty and claimed trial.

(3.) The prosecution examined as many as seven witnesses namely, Maan Singh, ASI (PW1), Ram Kumar, Sub Inspector (PW2), Nihal Singh Constable (PW3), Bhola Singh (PW4), Ram Kishan ASI (PW5), Zile Singh (PW6) and Karan Singh (PW7).