HARMINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 8.2.1999, and the order of sentence dated 9.2.1999, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Harminder Singh, for the offence punishable under Section 21 of the Narcotic CL 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, for having been found in possession of 15 bottles of campher.

(2.) THE facts, in brief, are that on 8.9.1996, Baljit Singh, ASI, alongwith Raj Pal Singh, HC, and other police officials, was proceeding towards Village Danauli, on patrol duty, and when the police party reached at T.Point, near Dera Balbir Singh, situated in the area of aforesaid village, it noticed the accused coming from the side of Safidon, while carrying a gunny bag. He was apprehended on suspicion. The search of the bag, being carried by him was conducted, in accordance with the provisions of law, which led to the recovery of 15 bottles of campher. Out of each bottle, a sample was taken out, and the remaining champher was kept in the same bottles. The samples, and the remaining bottles, were converted into parcels, duly sealed with the seal, bearing impression 'BS', and taken into possession. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Site plan of the place of recovery, with correct marginal notes, was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Sabha Chand, SI (PW-1), Rajpal Singh, HC (PW-2), Baljit Singh, ASI (PW-3), Suresh Chander, HC (PW-4), and Ram Singh, Constable (PW-5). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.