LAWS(P&H)-2008-3-199

DALJIT SINGH S/O SHINGARA SINGH R/O VILLAGE KHATAULI, P.S. JULKAN, DISTRICT PATIALA Vs. THE STATE OF HARYANA

Decided On March 27, 2008
Daljit Singh S/O Shingara Singh R/O Village Khatauli, P.S. Julkan, District Patiala Appellant
V/S
The State Of Haryana Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 14.7.1998, and the order of sentence dated 16.7.1998, rendered by the Presiding Officer, Special Court, Kurukshetra, vide which it convicted the accused/appellant Daljit 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. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of 2 years.

(2.) THE facts, in brief are that on 26.6.1996, Ram Kumar, SI, of Police Station Pehowa, alongwith other police officials, was present near Bus Stand Pehowa, when the accused was seen coming, having a bag, in his hand. He was apprehended. Search of the bag, being carried by the accused, was conducted, in accordance with the provisions of law, in the presence of Naib Tehsildar, which resulted into the recovery of 9 Kgs. poppy -husk. A sample of 250 grams was separated therefrom. The sample and the remaining poppy -husk, were converted into parcels, duly sealed, with the seals, bearing impression 'RK' and 'PC'. Thereafter, the same were taken into possession. The seal belonging to the Sub Inspector, was handed over to Hukam Singh, HC, and the Naib Tehsildar, kept his, with him. The accused was arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Prem Chand, Naib Tehsildar, Pehowa, (PW -1), Hukam Singh, HC, (PW -2), Ram Kumar, SI, (PW -3), Mam Chand, SI, (PW -4), Dharamvir, Constable (PW -5), Bajinder Kumar, HC (PW -6), and Ram Chander, ASI (PW -7). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.