KHAJAN CHAND @ KHAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 10.10.2013, passed by learned Judge, Special Court, Fatehabad, vide which appellant Khajan Chand alias Khan Chand was held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after called the Act) and the order of sentence dated 11.10.2013, vide which he was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.20,000/ - and in default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of six months.

(2.) AS per the prosecution allegations, on 11.04.2010 the police party headed by Sub Inspector Chand Singh was present at 'T' point Bharpoor turn, Fatehabad Road, Ratia in connection with patrolling. In the meanwhile, the present accused having scooter bearing registration No.PB -13H -4376 make Bajaj Chetak came from the side of Fatehabad and on seeing the police party, he tried to turn. He was apprehended in that process. The search was conducted as per law and the appellant was found in possession of 20 Kgs. poppy straw lying in a bag on the scooter. The samples were separated and the contraband along with the scooter was taken into possession. The Investigating Officer sent Ruqqa Ex.P9 to the Police Station. On the basis of which, the formal FIR Ex.P12 was registered. The Investigating Officer also prepared the rough site plan of the place of occurrence. The accused was arrested. The accused along with the contraband was also produced before the Inspector Ajaib Singh, SHO, Police Station, Ratia who verified the facts of the case. On the next day, he was interrogated and suffered the disclosure statement Ex.P6. The case property along with accused was produced before the learned Illaqa Magistrate vide application Ex.P18 along with inventory form Ex.P19. The Magistrate passed the requisite order certifying the inventory. The appellant also pointed out the place from where he had purchased the poppy straw. Sample parcel was sent to the Forensic Science Laboratory, Madhuban for examination. On completion of the formalities of the investigation, the report under Section 173 Cr.P.C. was presented in the Court.

(3.) THE accused -appellant was charge -sheeted for the offence punishable under Section 15 of the Act vide order dated 13.1.2011, to which the appellant pleaded not guilty and claimed trial.