PHUMAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 4.5.2001, rendered by the Court of Additional Sessions Judge, Sirsa, vide which it convicted the accused (now appellant), for the offence, punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1,00,000 and in default of payment of fine, to undergo further rigorous imprisonment, for a period of one year, for having been found in possession of four bags, each containing 40 Kgs. poppy husk, which falls within the ambit of non-commercial quantity, without any permit or licence.

(2.) The facts, in brief, are that on 29.12.1996 Dharam Singh, Assistant Sub- Inspector, along with other Police Officials, had held a picket at Ottu Head, when a maruti car bearing registration No. CHE- 5353, came from the side of Sirsa. Dharam Singh, ASI, gave a signal to the car to stop with torch light, but the driver thereof, did not stop. The car was chased and intercepted at Ottu Head. The driver of the car, aforesaid, fled, after leaving the same, at the spot. The search of the car was conducted. Four bags each containing 40 Kgs. poppy straw, were recovered from car. A sample of 100 grams, from each of the bags, was taken out, and the remaining poppy husk was kept in the same bags. The samples and the bags containing the remaining poppy husk, were converted into separate parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa Ex. PP was sent to the Police Station, on the basis whereof the FIR Ex. PD1 was registered. The site plan Ex. PE was prepared. The statements of the witnesses were recorded. Later on, the accused was arrested. After the completion of investigation, the accused was challaned.

(3.) On his appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against the accused, to which he pleaded not guilty, and claimed trial.