GURDIAL RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal filed by Gurdial Ram (hereinafter described as the appellant) directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Jagadhari dated 9.5.1995. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as the Act'). On 10.5.1995 the learned trial court sentenced the appellant to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for three years.

(2.) The relevant facts are that on 22.2.1992 Jagdish Singh Nagar, Deputy Superintendent of Police was present at Bus Stand Yamunanagar. It was in connection with the checking of the terrorists. He was accompanied by HC Raghu Nath and SI Nur Singh. During the checking it was found that the appellant was sitting on a blue bag on the platform meant for buses bound for Ambala. On seeing the police, he started moving after lifting the bag in both hands.

(3.) The appellant was stopped. The bag was checked. It was found to b containing poppy husk powder wrapped in a polythene paper. The Deputy Superintendent of Police disclosed his identity and designation to the appellant. The contents were weighed and found to be 10 Kilograms, 200 Grams was taken as the sample. The sample and rest of the poppy husk were converted into two separate parcels and sealed with the seal of NS the seal after use was handed over to SI Nur Singh.