MALKIAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment/order dtd. 22/24/11/2006, passed by the learned Judge, Special Court, Karnal, whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for three months alongwith fine of Rs.5000.00 and in default of payment of the same, to further undergo simple imprisonment for one month, for the offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) Shorn of unnecessary details, the facts are that on 22/9/2004, when ASI Ranbir Singh alongwith other police officials were coming towards village Gagsina, on patrolling duty, a person came from the side of the village and on suspicion, they apprehended him in possession of a plastic bag on his head. After apprising of his rights, search was conducted and recovery of 8 Kg of poppy powder was effected. The requisite samples were drawn and sealed. Ruqa was sent, on the basis of which, an FIR was registered.

(3.) Upon conclusion of investigation, a final report under Sec. 173 Cr.P.C. was submitted before the Court. Finding a prima facie case, the Court framed charge under Sec. 15 of the Act, to which the accused pleaded not guilty and sought trial.