BALWINDER SINGH ALIAS BILLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 11.4.2005 and the order of sentence dated 15.4.2005, rendered by the Court of Additional Session Judge, Kurukshetra, vide which it convicted the accused (now appellant) 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 five years, and to pay a fine of Rs. 50,000/-, and in default of payment of fine, to undergo rigorous imprisonment for another period of one year, for having been found in possession of 46 kgs 200 grams poppy-husk, without any permit or licence, which falls within the ambit of non-commercial quantity.

(2.) THE facts, in brief, are that on 18.9.2003, ASI Krishan Singh, Investigating Officer, posted in CIA Staff, Kurukshetra, alongwith other police officials, was present at G.T. Road, Pipli, in connection with patrol duty and detection of crime. In the meanwhile, Taranjit Singh, independent witness met the Police party. When ASI Krishan Singh reached bus stand, Pipli, he found a person sitting on two bags of black colour and one plastic bag. He was apprehended, and on enquiry, he disclosed his name as Balwinder Singh alias Billa son of Sardara Singh. Thereafter, all the three bags were produced before DSP Anil Kumar Dhawan, at his residence. ASI Krishan singh had apprised of him, the facts of the case. The search of bags was conducted. Each bag was found containing 15 kgs 400 grams poppy husk. Two samples of 200 grams each, were separated from each bag, and the remaining poppy husk, was put into the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. 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 arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined ASI Om Parkash, PW1, HC Balvinder Singh, PW2, Constable Laxman Singh, PW3, EHC Jasmer Singh, PW4, Anil Kumar, DSP, PW5, Taranjit Singh, PW6, SI Avtar Singh, PW10 and Dharminder Kumar, Addl. Ahlmad, PW11. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.