(1.) BOTH the appellants are residents of village Pipal Thah, District Jind, Haryana. They faced trial of the charges under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') for keeping in their possession four bags of poppy -husk each containing 35 kgs. of quantity and Section 8(C) read with Section 15 of the Act for transporting the said quantity of poppy -husk in a car. The learned trial Court convicted the appellants under Section 15 of the Act and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac each, in default of payment of fine to further undergo rigorous imprisonment for two years.
(2.) THE prosecution story, in brief, is that on 18.07.2006, the police party headed by SI Kuldip Singh, SHO of Police Station Julkan was present at Tangri bridge in the area of village Aoujha in an official vehicle for checking. Harnek Singh son of Inder Singh resident of village Hassanpur Kamboan came there on a bicycle and SI Kuldip Singh started having conversation with the witness. In the meanwhile, the police party spotted Tata Sumo No. HR -51 -D -6526 of red colour coming from the side of village Binjhal. The driver of Tata Sumo tried to turn his vehicle back, on seeing the police party. The vehicle was surrounded by the police party and both the appellants were apprehended at the spot. Out of them Satnam Singh -appellant No. 1 (A -1) was driver of Tata Sumo and the other appellant Mehal Singh -appellant No. 2 (A -2) was sitting on front seat alongwith the driver.
(3.) PW -6 then separated two samples of 100 gms. from each of these bags and the remaining quantity in each of the bag weighed 34 kg. 800 gms. Sample parcels and gunny bags were sealed by SI Kuldip Singh with his seal bearing impression 'KS' and sample impression of the seal, Ex. PI, was separately prepared. The seal after use was handed over to Harnek Singh PW. The case property was taken into possession vide memo Ex. PE, attested by the witnesses. On the basis of ruqa Ex. PJ sent to the police station from the spot FIR Ex. PJ/1 was registered.