NIRMAL SINGH S/O MEHTAB SINGH, R/O VILLAGE CHHAJU PUR, TALHERI, P.S ISMALABAD, DISTT. KURUKSHETRA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 20.11.1997, and the order of sentence dated 22.11.1997, rendered by the Court of Addl. Sessions Judge, Kaithal, vide which it convicted the accused/appellant Nirmal 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 28.10.1995, at about 7.00 PM, Dhanna Ram, SI, alongwith Ramphal, ASI, Nathu Ram and Rajbir, Constables, was present at Bus Stand Pundri, in connection with investigation of a case against Mukhtiara son of Sardool Singh. At that time, Nirmal Singh, accused was also present there. Dhanna Singh, SI, suspected that the accused had concealed some narcotic substance, in his jacket. On the basis of suspicion, search of the jacket, being worn by the accused, was conducted, in accordance with the provisions of law. On search, 2 kg. of poppy -husk, was recovered, from the inner pocket of the Jacket. A sample of 200 grams, was separated. The sample and the remaining poppy -husk were converted into parcels, sealed with the seal bearing impression "DR", and taken into possession vide separate recovery memo. Site plan of the place of recovery, was prepared. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, the formal FIR was registered. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of his case, examined Dhanna Ram, SI (PW -1), Ram Pal, ASI (PW -2), Roshan Lal (PW -3), and Ram Phal, Constable (PW -4). Thereafter, the Public Prosecutor for the State, after tendering into evidence, the report of the Forensic Science Laboratory, Madhuban, Ex.PH, closed the same.