RANJODH SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against judgment/order of sentence dated 12.3.1996 of the Additional Sessions Judge, Kurukshetra (hereinafter described as 'the trial Court') by which the appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac. In default of payment of fine, he was directed to further undergo rigorous imprisonment for two years.

(2.) THE prosecution version as reflected in the F.I.R. is that on 3.6.1994, Ram Chander, Sub Inspector/Station House Officer of Police Station, Pehowa was present along with Tara Chand, Assistant Sub Inspector and other police officials on the Markanda bridge in the area of village Karah Sahib in connection with patrol duty. There, he received a secret information that the appellant was indulging in the sale of poppy straw from his fields. Accordingly, a raid was conducted and allegedly the appellant was apprehended with 45 Kgs. of poppy husk which he had kept concealed in 1-1/2 bags. Shri Kuldeep Singh Sihag, Deputy Superintendent of Police, Pehowa, who was intimated about the secret information, had also reached the spot. Out of the bags, two separate samples of 200 grams each were separated. The samples and the remaining poppy husk in the two bags containing 29 Kgs. 600 grams and 14 Kgs. and 600 grams, respectively, were separately sealed with the seals of 'TCS' and 'KSS' and were taken into possession vide recovery memo EX-PE. The Sub Inspector, on reaching the police station, deposited the case property with the Moharrir Head Constable. The samples were thereafter sent for chemical analysis.

(3.) THE trial Court, finding a prima facie case against him, charged the appellant for having committed an offence under Section 15 of the Act to which he pleaded not guilty and claimed trial.