SEWA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 21.1.1997, and the order of sentence dated 22.1.1997, rendered by the Court of Addl. Sessions Judge, Kaithal, vide which it convicted the accused/appellant Sewa 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 one year.

(2.) THE facts, in brief are that on 11.2.1995, at about 1.15 PM, Surta Ram, ASI, alongwith Bal Kishan, UGC, and other police officials, was present near village Bhatia, in connection with patrolling. The accused was noticed coming from the side of Gaghar Barrage, having a plastic bag, on his head. On seeing the police party, he turned back, and started walking swiftly. He was apprehended on suspicion. Search of the bag, being carried by the accused, was conducted in accordance with the provisions of law. It was found containing 16 kgs. of poppy-husk. A sample of 250 grams was separted. The sample as well as the remaining poppy-husk, were duly sealed with the seal bearing impression 'SR', and taken into possession vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal 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 Ram Chander, Constable, PW-1, Ram Pal, Constable, PW-2, Prem Pal, SI, PW-3, Surta Ram, ASI, PW-4, Baljit Singh, UGC, PW-5, and Sukhdev Singh, DSP, PW-6. Thereafter, the Public Prosecutor for the State, tendered into evidence report of the Chemical Examiner, Ex.PJ, and closed the same.