KUNDAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 2.9.1998, and the order of sentence dated 3.9.1998, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Kundan 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 21.2.1996, Sham Lal, ASI, alongwith Gurdial Singh, HC, and Karam Vir, Constable, was on patrol duty, and when they reached near Singhra crossing Kuchpura, a person was seen coming from the side of Karnal, having a white bag, in his hand. On seeing the police party, he turned back. On suspicion, he was apprehended. On interrogation, he disclosed his name Kundan Singh S/o Attar Singh. The search of the bag, being carried by him, was conducted, in accordance with the provisions of law, which resulted into the recovery of 2 Kgs. Poppy -husk (chura post), now falling within the gambit of non -commercial quantity. A sample of 200 grams, was separated therefrom. The sample, and the remaining poppyhusk, were converted into parcels, duly sealed with the seal, bearing impression 'SL', and thereafter, the same was taken into possession. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, the formal FIR was registered. Rough site plan of the place of recovery, was prepared. 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 Ishwar Singh, ASI (PW -1), Gurdial Chand, HC (PW -2), Sham Lal, ASI (PW -3), and Bhum Singh, Inspector (PW -4). The Public Prosecutor, also tendered into evidence Ex.PA, affidavit of Shingara Ram, Constable, and Ex.PB, repot of the Assistant Chemical Examiner. Thereafter, he closed the same.