JOGA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant - Joga Singh, aged about 45 years (at the time of conviction), has filed the present appeal challenging judgment of conviction dtd. 7/9/2004, and order of sentence dtd. 9/9/2004, passed by learned Special Judge, Panipat, in NDPS Case No. 97 of 2003, arising from FIR No. 46, dtd. 27/1/2001, under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station City, Panipat.

(2.) On 27/1/2001, in the area of Bus Stand, Panipat, appellant was found in possession of 50 Kgs. of contraband, which was kept in a jute bag. After completing formalities, investigation and receipt of FSL Report (Ex. P-I), seized contraband was declared that of poppy straw. Accordingly, appellant - Joga Singh was put to trial. He was charged for the offence punishable under Sec. 15 of the NDPS Act, vide order dtd. 11/5/2001. Eventually, learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dtd. 7/9/2004 and vide separate order of sentence dtd. 9/9/2004, he was sentenced as under:- <FRM>JUDGEMENT_150_LAWS(P&H)2_2023_1.html</FRM>

(3.) Appeal was admitted on 7/10/2004, and recovery of fine was stayed. Thereafter, vide order dtd. 7/3/2005, after noticing factum of total undergone period inside jail as 14 months, remaining sentence of the appellant was suspended by this Court.