JAGDISH AND ORS. Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 23.4.1997, and the order of sentence of the even date, rendered by the Court of Addl. Sessions Judge, Hissar, vide which it convicted the accused/appellants Jagdish, Radhey Sham, and Sajjan Singh, for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced them, to undergo rigorous imprisonment for a period of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years each.

(2.) THE facts, in brief, are that on the night intervening 6/7.2.1996, at about 2.00 a.m., in pursuance of the secret information, Ram Avtar, SI, of Police Station Siwani, along -with other police officials held a picket (naka), at 'T' point in the area of Dhani Daryapur, and intercepted a Jeep bearing registration No. DL -2 CE/9487, wherein, three persons were found travelling. Ten bags, containing 40 kgs. poppy husk each, were recovered from the said Jeep, after conducting the search thereof, in accordance with the provisions of law. A sample from each of the bags, was taken out, and the remaining poppy -husk was put into the same bags. The samples and the bags, containing remaining poppy -husk, were converted into parcels, which were duly sealed with the seals bearing impressions 'RA' and 'US'. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The statements of the witnesses were recorded. Rough site plan of the place of recovery was prepared. The accused were arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Dilbag Singh, HC (PW1) and Suresh Kumar, Constable (PW2), formal witnesses, Khusi Ram, SP, Gurgaon (PW3), at the relevant time posted as Addl. SP (Operation), Hisar, Risal Singh, ASI (PW4), and Ram Avtar, SI/SHO (PW5). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.