SUKHDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this order, I intend to dispose of the aforesaid two appeals i.e.Crl.Appeal No.S-179 SB of 2012 titled as "Sukhdev Singh Vs. State of Haryana" and Crl.Appeal No.S-168 SB of 2012 titled as "Sukhdev Singh Vs. State of Haryana" as the learned Special Judge has disposed of the two cases in FIR No.178 dated 03.06.2008 and FIR No.87 dated 12.03.2008 and sentence in both the cases was awarded on the same day.

(2.) Briefly stated that SHO, Police Station Asand, Karnal has sent the appellant to face trial in FIR No.178 dated 03.06.2008 for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Act') for having been found in possession of 200 gms opium without any permit or license on 3.6.2008. Learned trial Court after appraisal of the evidence, convicted the appellant vide judgment dated 20.12.2011.

(3.) SHO, Police Station Asand, Karnal also submitted another challan in FIR No.87 dated 12.03.2008, against the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, for having been found in possession of 23.600 kgs of poppy husk without any permit or license. The trial Court after appraisal of the evidence, convicted the appellant vide judgment dated 21.12.2011. However, the learned Special Judge passed sentence in both the above said FIRs on 22.12.2011. The appellant was sentenced to undergo rigorous imprisonment for a period of 02 years for having been found in possession of 23.600 kg of poppy husk without any permit or license in FIR No.87 dated 12.3.2008 and to pay a fine of Rs.10,000/-; and in default of payment, to further undergo rigorous imprisonment for a period of six months.