RAJESH KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 9.1.1997, and the order of sentence dated 10.1.1997, rendered by the Court of Addl. Sessions Judge, Bhiwani, vide which it convicted the accused/appellant Rajesh Kumar, 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 25.12.1995, Maman Singh, ASI, alongwith other police officials, was present in the area of Loharu, when Satbir son of Kalu, a public witness, met him. He was joined with the police party. Maman Singh, ASI, was going to the side of Railway Road, and when he reached the said road, the accused was seen coming from the side of Chirawa via Chirawa road. He was having a bag (katta), and on noticing the police party, he started walking swiftly. He was apprehended. The search of the bag, being carried by the accused, was conducted, in accordance with the provisions of law. It was found containing 10 kgs. of poppy -husk. A sample of 100 grams was separated therefrom. The sample, and the remaining poppy -husk, were converted into parcels, duly sealed with the seal bearing impression 'MS'. The seal after use was handed over to Satbir, public witness. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Ranjit Singh, HC, PW -1, Jagdish Chander, Constable, PW -2, Sunderpal, SI, PW -3, Chander Singh, PW -4, and Maman Singh, ASI, PW -5. Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.