LAWS(P&H)-2008-5-152

SATPAL SINGH Vs. STATE OF HARYANA

Decided On May 30, 2008
SATPAL SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 11.10.1995 and the order of sentence dated 13.10.1995 rendered by the Court of Additional Sessions Judge, Hisar, vide which it convicted the accused/appellant for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereunder called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period often years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for a further period of two years, for having been found in possession of 12 Kgs. of poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 12.10.1993 Ram Niwas, ASI, Police Station, Adampur along with other police officials was present at Village Daroli in connection with patrol duty and crime checking. A secret information was received by him that the accused was dealing in poppy husk which was reduced into writing and sent to the Police Station, on the basis of which FIR was registered. Thereafter a picket was held on the unmetalled path. After a short while, the accused with a plastic bag, on his head, was seen coming from the side of village Biran. On seeing the police party, he turned back and on suspicion he was apprehended. On search of the bag, 12 Kgs, of poppy husk was recover d, in the presence of Tehsildar, who was called to spot by sending a message. A sample of 200 grams of poppy husk was taken out from the bag. The remaining poppy husk was kept in the same bag. The samples and the bag were converted into parcels, duly sealed with the seal, bearing impression 'MRG' and taken into possession vide a separate recovery memo, attested by the witnesses. 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 timed Singh, PW -1, M.R. Gupta, PW -2, Ronki Ram, PW -3, Vijay Singh, PW -4, Dharampal, PW -5, and Ram Niwas, ASI, PW -6. Thereafter, the Public Prosecutor for the State closed the prosecution evidence.