JANG SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in appeal here is to the conviction of the appellant Jang Singh, for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the sentence of ten years' rigorous imprisonment and a fine of Rs. one lakh imposed in respect thereof.

(2.) ACCORDING to the prosecution, Assistant Sub inspector Om Parkash was out on patrol on November 24, 1985, along with Constables Ram Avtar, Surat Singh and Azad Singh, when on reaching near the bus stop Jakhal, at about 1.00 p.m., the appellant Jang Singh was spotted coming from the side of the Mandir. On seeing the police party Jang Singh tried to turn back and slip away. This aroused the suspicion of Assistant Sub Inspector Om Parkash and his party, as a consequence of which Jang Singh was apprehended and on search, he was found to be carrying 6 kilograms of poppy husk in a bag. It is in respect of his matter that he has been sent up for trial and convicted and sentenced in the manner as mentioned earlier.

(3.) IT was sought to be contended on behalf of the prosecution that considering the fact that it was a chance encounter of the appellant Jang Singh with the police party that led to his search and the consequent recovery of the poppy husk, non-association of any independent witness should not be looked upon as an infirmity in the prosecution case.