JARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE three appellants (1) Jarnail Singh, (2) Mohan Krishan, and (3) Prithavi Raj were convicted by the Additional Sessions Judge, Ambala on a charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the N. D. P. S. Act), in Sessions Case No. 15 of 1994, aggrieved by which they have come on appeal.

(2.) THE case of the prosecution as seen from the F. I. R. is as follows :

(3.) ON interrogation, the search of the above-said tanker was conducted in the presence of witnesses and M. S. Ahlawat, Superintendent of Police. On the opening of the lid of the tanker and checking a lot of gunny bags were found lying in the middle chamber from out of which one bag was taken, cut and checked and it was found to contain Chura Post (poppy husk) upon which all the bags were taken out and checked. There were 73 bags in all and on checking, they were found to contain Chura Post. H. C.-Om Parkash brought the scales and weights from Village Dhanora and the bags were weighed separately. Each bag contained 18 kilograms. Two samples containing 250 gms. were taken out and converted into parcels at the spot while the remaining recovered powder of poppy-husk packed in 73 bags was scaled by M. S. Ahlawat, bearing the seal 'ms'. The seal, after taking the specimen, was handed over to Ranjor Singh, Lamberdar, the witness. The 73 bags and 146 samples of poppy-husk sealed with the seal bearing 'ms' together with , the tanker abovesaid were taken into possession , vide separate memos since the accused could not produce any permit to keep 13 quintals and 14 kilograms of powder of poppy husk in their possession.