HARMIT SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) ASSAILED in this appeal is the judgment dated 21.8.1999, passed by Special Judge, Chandigarh convicting Harmit Singh-accused/appellant (hereinafter referred to as the appellant) under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short the Act) and sentencing him vide order dated 7.9.1999 to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1 lac and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) IN nutshell, the allegations are that on 30.5.1996, when Sub-Inspector Balram along with other Police officials was present near Kissan Bhawan, Sector 35-A, Chandigarh, intercepted the appellant on secret information that he was carrying contraband. He called DSP Baldev Singh and after completing all the formalities including serving notice on the appellant and obtaining his consent, search of the appellant was conducted and he was found carrying seven kilograms of poppy husk, in his bag, out of which 500 grams was taken out as sample. The sample and the remnant were sealed separately with the seal bearing impression 'BR' and taken into possession vide recovery memo Exh. PH, rough site plan Ex. PK was prepared and ruqa Ex. PL was sent to the Police Station, upon which formal First Information Report Ex. PL-1 was registered.

(3.) DURING trial, the prosecution examined Inspector Ashwani Kumar (PW-1), Jaswant Singh, draftsman (PW-2), HC Mohan Singh (PW-3), Jasbir Kumar (PW-4), DSP Baldev Singh (PW-5), ASI Yash Pal Singh (PW-6) and Constable Som Nath (PW-7).