BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 8.1.2003 and order of sentence dated 10.1.2003, passed by the learned Additional Sessions Judge, Fatehabad, vide which the appellant was convicted under Section 15 (e) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and was sentenced to undergo rigorous imprisonment for 10 years and fine of rupees one lac, in default thereof, to further undergo rigorous imprisonment for a period of two years, for allegedly keeping in his possession 200 kilograms of poppy husk.

(2.) On 27.8.1999, ASI Guriya Ram alongwith other police officials was present at Bus Stand Nagpur when he received a information that the accused indulges in the sale of poppy husk and if a raid is conducted, a huge quantity of poppy husk can be recovered from the fields of the accused. The information being credible, intimation was sent to Police Post Madh for summoning Charanjit Singh, DSP (Headquarters) through V.T. Message. When DSP Charanjit Singh reached the Bus Stand Nagpur, a raiding party was constituted. In the meanwhile, one Hans Raj son of Banwari Lal, resident of village Haroli was also joined in the investigation by the Investigating Officer. Thereafter, all of them proceeded to the Dhani (Farm House) of the accused Balwant Singh. Accused was sitting in his fields towards Western side of his farm house. When the police party approached him, he was found sitting on a bag. The DSP enquired about his name and identity. The DSP asked the Investigating Officer ASI Guriya Ram to conduct the search of the bags. Five bags were lying there. On checking, poppy husk was recovered from the bags. 100 grams was separated as sample from each bag. Remaining poppy husk in each bag came to 39.900 kilograms. The sample and the bulk case property were sealed and the seal was handed over to DSP. Rough site plan was prepared. The case property was taken into possession. Accused was arrested. On returning to the police station, the case property, accused and the witness were produced before SI/SHO Som Raj, who verified the facts and affixed his seal 'SR' on the sample parcel and residue and directed the Investigating Officer to deposit the case property with MHC.

(3.) The accused was chargesheeted under Section 15 of the NDPS Act. In supported of its case, the prosecution examined Charanjit Singh, DSP (PW1), ASI Guriya Ram (PW2), SI Som Raj (PW3), HC Tarsem Singh (PW4) and Constable Ramesh Kumar (PW5). When examined under Section 313 Cr.P.C., accused denied the evidence led against him and pleaded false implication. The accused did not lead any evidence in defence.