BALWANT SINGH @ BANTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant was tried for committing the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985, for being found in possession of 15 kgs of Choora Post. Vide judgment and order dated 27.11.2003, the Additional Sessions Judge, Sirsa, convicted the appellant for the aforementioned offence and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to further undergo imprisonment for six months.

(2.) The case of the prosecution, in nutshell, is that on 22.8.2001, the appellant was proceeding on a scooter and on seeing the police party, he tried to slip away. His conduct led to suspicion in the mind of ASI-Baldev Raj, who was heading the police party that he might be carrying some contraband. Accordingly, ASI Baldev Raj stopped the appellant and after giving him an offer in terms of Section 50 of the Act, searched the bag carried by the appellant. Upon search, it was found to contain Choora Post. Two samples were drawn from the recovered contraband. As the appellant failed to produce any permit or licence to keep the contraband, he was found to have committed the offence punishable under Section 15 of the Act. Accordingly, he was arrested. At the trial of the case, the prosecution examined PW1 Sub-Inspector Zile Singh, PW2 Head Constable Somvir Singh, PW3 Constable Jangi Ram, PW4 Inspector Sube Singh, PW5 Assistant Sub Inspector Baldev Raj and PW6 Head Constable Joginder Kumar. When examined under Section 313 Cr.P.C., the appellant denied the allegations of prosecution and pleaded false implication at the instance of Jai Dayal, Municipal Commissioner. He, however, did not produce any evidence in defence.

(3.) The trial Court believed the prosecution version and convicted and sentenced the appellant, as mentioned above.