RAM SINGH S/O AMARJIT SINGH, R/O VILLAGE BHUDAN, TEHSIL MALERKOTLA, DISTT. SANGRUR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 25.3.1998, and the order of sentence dated 26.3.1998, rendered by the Court of Addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Ram 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.

(2.) THE facts, in brief, are that on 29.9.1995, Raghbir Singh, ASI, alongwith Bali Ram, HC, and other police officials, was present at Ring Bandh, in connection with patrolling. In the meanwhile, the accused was seen coming from the side of Assandh, carrying a bag (jhola) on his right shoulder. On seeing the police party, the accused turned towards the fields. On the basis of suspicion, he was apprehended. Search of the bag (thaila), in accordance with the provisions of law, was conducted. It was found containing 4kgs. Poppyhusk. A sample of 200 grams, was separated, and the remaining poppy -husk, was put in the same bag (jhola). Both the sample and the remaining poppy -husk, were converted into parcels, sealed with the seal bearing impression "RSS", and taken into possession vide separate recovery memo. 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 his case, examined Naresh Kumar, MHC, (PW -1), Manphul Singh, Constable (PW -2), Bali Ram, HC (PW -3), Raghbir Singh, ASI (PW -4), and Satya Pal, ASI (PW -5)., Jagat Singh, ASI (PW -6), and Phool Singh, SI (PW -7). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.