GURCHARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant accused was convicted by the trial Court in Sessions Case No. 50/2 of 1986 under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'Act') on the ground that on 2.2.1986 he was having in his possession 10 Kgs. of crushed poppy heads without any licence.

(2.) PROSECUTION case in short was that on 2.2.1986 SI Ram Singh (PW-2) and HC Zile Singh (PW-1) alongwith other police officials were present in Village Hinga Kheri in the evening. Ram Kishan (PW-2) got secret information and on that basis the police party proceeded towards the house of the accused at 4.20 PM. They saw the accused coming out of his house carrying a gunny bag. On suspicion, he was apprehended and 10 Kgs of poppy husk was recovered from the gunny bag. He could not produce any permit or licence for its possession. 200 Gms. of the contraband article was separated and sealed in a packet as sample. The remaining contraband was sealed in the same gunny bag. Both the sealed parcels were brought to the Police Station and were kept in the Malkhana The accused was arrested. FIR was lodged. Site plan was also prepared. After completing usual investigation, challan was put up under the Act though initially FIR was recorded under Section 9 of the Opium Act.

(3.) DURING trial, prosecution examined SI Ram Kishan (PW-2) and HC Zile Singh (PW-1) submitted affidavits of HC Ishawar Singh and Constable Om Parkash. Report of the Chemical Examiner was also filed.