AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal arises out of the judgment of conviction and sentence dated 18-3-1995 passed by the learned Special Judge, Karnal, whereby the accused-appellant-Avtar Singh (hereinafter referred to as 'the accused') was convicted under S. 15 of the Narcotic Drugs and Psychotropic substances Act, 1985 (hereinafter referred to as 'the Act') and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1. 00 lakh for keeping in his possession 80 kgs. of poppy husk, whereas Balwinder Singh and Harnam singh were acquitted of the charges framed against them.

(2.) THE story as put forward by the prosecution is that on 31-7-2000 SI Subhash chand along with other police officials was coming from the village Amupur towards village Brass in a Government jeep in connection with patrolling. When they reached near Kacha path leading to Dera Tehal Singh then one Mahendra jeep without registration number came from the side of village brass. On seeing the police jeep, the driver of the jeep i. e. accused-Avtar Singh applied brakes all of a sudden. On seeing the police, two persons, whose names were later on known as accused-Binder Singh and baba Harnam Singh, fled away whereas accused-Avtar Singh was apprehended. On search of the jeep two gunny bags containing 40 kgs. each of poppy husk were lying in the rear portion of the jeep. One sample of 500 grams from each bag was taken out and the remaining poppy husk on weighment came to be 39 kgs. in each bag. The poppy husk as well as the samples were taken into possession. Ruqa was sent to the police station on the basis of which FIR was registered against the accused. Ultimately the remaining two accused were also arrested and all the three were put to trial.

(3.) FORMAL charge under S. 15 of the Act was framed against the accused to which they pleaded not guilty and claimed trial.