NIRANJAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Niranjan Singh appellant against his conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act) and sentence often years rigorous imprisonment passed by the learned Additional Sessions Judge, Kurukshetra, vide his judgment and order dated August 22 August 23, 1986.

(2.) According to the prosecution case, on January 1, 1986 a police party comprising of Head Constable Rajinder Singh (PW1), Head Constable Kali Ram (PW2) and other police personnel was present at the bridge of Rajbaha near village Ohan Ohak, Police Station Guhla, district Kurukshetra in connection with investigation of a case against one Mohinder Singh for the recovery of poppy husk when accused Niranjan Singh came there from the side of village Duser Pur and he was carrying a gunny bag on his head. He was asked to stop and his search was taken by the police party. The search yielded recovery of poppy husk in the gunny bag. The poppy husk weighed 35 kilograms. Out of the poppy husk recovered from the accused. 250 grams was taken out as sample and was scaled. The remaining poppy husk was separately scaled in the gunny bag itself. A recovery memo was prepared. A ruqa was sent to the Police Station, Guhla, where a case was registered against the accused. The case was investigated, report of the Assistant Chemical Examiner was received regarding the contents in the gunny bag and after completion of investigation, a challan was submitted.

(3.) At the trial, the prosecution examined Head Constable Kali Ram (PW2) Two affidavits, Exhibits P.D. and P.B. sworn by Head Constable Ramesh Chand and Constable Dharam Pal, respectively, were also filed at the trial. The report of Assistant Chemical Examiner (Exhibit P.F.) was adduced in evidence. The accused was examined under Section 313 of the Code of Criminal Procedure. He denied the entire prosecution on evidence against him, and pleaded his false implication in this case. The accused led evidence in defence and examined Tara Singh, Sarpanch of Village Daban Kheri as D.W.1.