NIRANJAN @ NIRANJAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 24.2.2004 and the order of sentence dated 26.2.2004, rendered by the Court of Addl. Sessions Judge, Sirsa, vide which it convicted the accused/appellant Niranjan @ Niranjan Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. l lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years.

(2.) THE facts, in brief, are that on 30.8.2002, Jagdish Singh, ASI, alongwith other police officials, was out for patrolling and crime detection duty. When the police party was crossing a street, one person was seen sitting on a couple of gunny bags, in front of the Nohra of Leeladhar Jaat, resident of Shergarh, who, on seeing the police party, started running. He was chased, but he made good his escape. He was identified as Niranjan Singh son of Kartar Singh, Jat Sikh, resident of Shergarh. When the gunny bags 2 in number were checked, the same were found containing poppy straw. From each of the bags, two samples of 100 grams, were separated. The residue in one of the gunny bags was found to be 39 kgs. 800 grams, and in the other gunny bag was found to be 17 kgs., 800 grams. The sample and the residue, in the gunny bags, were sealed, with the seal bearing impression 'JS'. Specimen seal impression was prepared. Thereafter, the case property was taken into possession. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery was prepared. The accused was, ultimately, arrested on 28.12.2002. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of his case, examined Ami Lal, ASI (PW1), Piare Lal, HC (PW2), Jagdish Singh, ASI, Investigating Officer (PW3), Ram Avtar, HC (PW4), Randhir Singh,. Constable (PW5), and Ram Rattan, Inspector (PW6). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.