HUKAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Hukam Singh suffered conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short the 'Act') vide impugned judgment of learned Additional Sessions Judge, Bhiwani dated 23/24.8.1995. He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac, in default thereof to further undergo RI for six months. He preferred an appeal in this Court, which was registered as Criminal Appeal No. 691-SB of 1995. The same was allowed vide judgment dated February 4, 1999.

(2.) THE State of Haryana preferred an appeal against the aforesaid judgment of acquittal in the Hon'ble Supreme Court and the same was registered as Criminal Appeal No. 649 of 1999. While allowing the State appeal, the Hon'ble Apex Court has remanded the instant appeal to this Court for fresh consideration in accordance with law and the appellant was directed to surrender before this Court, pursuant to which the appellant surrendered before this Court on 15.2.2006 and is presently confined in jail.

(3.) THE allegation against the appellant is that on 20.2.1994 at about 9.30/10.00 a.m. he was found in conscious possession of 20 Kgs. of poppy husk when apprehended by SI Maya Ram (PW-3) at railway crossing, Pilani Road, Loharu. Sh. S.N. Kaushik, DSP (PW-2) was also present there besides other police officials, accompanying SI Maya Ram. On completion of investigation he was put to trial for the charge of Section 15 of the Act.