MAKHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal has been filed by appellant Makhan Singh against judgment of conviction dated 24.02.2011 and order of sentence dated 26.02.2011 for commission of offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter mentioned as 'the Act') whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.50,000/- and in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) Relevant facts of the case that on 30.09.2005 appellant Makhan Singh along with Ajaib Singh was allegedly found to be in conscious possession of 51 Kgs of poppy straw. He was apprehended by the police party while on crime detection duty. On seeing the police party, both the accused persons fled away from the spot. Thereafter, police party completed various proceedings of investigation including seizure of contraband material on the spot, drawing of sample and sealing after weighing the same. As per prosecution version, total poppy straw was weighed to be 50 Kgs 800 grams which included weight of one gunny bag. Statement of witnesses were recorded. Site plan was prepared and after completion of investigation, challan was presented in the Court.

(3.) During the course of trial, learned trial Judge completed various proceedings including framing of charge against the accused, recording of statement of prosecution witnesses, examination of accused under Section 313 of Code of Criminal Procedure and after considering the prosecution evidence and defence evidence, held both the appellants/accused guilty for commission of offence under Section 15 of the Act. Accused Ajaib Singh was sentenced to undergo 3-1/2 months imprisonment which he had already undergone while remaining in custody and as per record Ajaib Singh has not filed any appeal.