SUKHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal filed by Sukhbir Singh (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Sonepat dated 17.5.1994 and 19.5.1994 respectively. By virtue of the impugned judgment and the order of sentence the appellant was held guilty of the offence punishable under section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). The appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine, he was to undergo further rigorous imprisonment for two years.

(2.) THE relevant facts are that on 11.3.1992 Sub-Inspector Sajjan Kumar of C.I.A. staff, Sonepat received secret information in his office at 7.00 A.M. that the appellant had cultivated poppy plants without any licence or permit in his fields. The same is at a distance of 4 killas from the G.T. road opposite village Rai. It was further to the effect that the crop had flowered and pods had erupted. In case the raid was conducted, the crop could be found. Acting on the said secret information ruqa was sent to the police station for registration of the case.

(3.) WHILE SI Sajjan Kumar was coming to the police station, he met Inspector Rohtas Singh, Officer-in-charge of the police station Rai. The sample and rest of the recovered articles were produced before Inspector Rohtas Singh. He affixed his seal 'RS' on both the packets. SI Sajjan Kumar was directed to deposit the same in the Malkhana.