PARGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.12.1998, and the order of sentence dated 22.12.1998, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Pargat 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 two years, for having been found in possession of 15 Kgs. poppy straw, now falling within the ambit of noncommercial quantity, without any permit or licence.

(2.) THE facts, in brief, are that on 16.11.1994, Bhim Singh, the then Inspector, SHO, alongwith other police officials, was present on the bridge of augmentation canal, on Karnal-Meerut road, near Sugar Mills, Karnal. Jagpal Singh, public witness, met the police party. In the meantime, the accused was seen coming from the side of Nagla Mehga chowk, with a gunny bag, on his head. On seeing the police party, he tried to retreat, but was apprehended, on suspicion. The search of the gunny bag, being carried by the accused, in the presence of Raj Kumar, DSP, who was called to the spot by sending a V.T. message, in accordance with the provisions of law, was conducted, which resulted into the recovery of 15 Kgs. poppy straw. A sample of 250 grams was separated therefrom, and the remaining poppy straw, was put into the same bag. The sample, and the remaining poppy straw, 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, the formal FIR was registered. Rough site plan of the place of recovery, with correct marginal notes, was prepared. The statements of the witnesses, were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Raj Kumar, DSP (PW-1), Bhim Singh, Inspector/SHO, (PW-2), Krishan Singh, HC (PW-3), Wazir Singh, ASI (PW-4), Virender Singh, HC (PW-5), Ved Parkash, Constable (PW-6), and Jagpal Singh, (PW-7). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.