JEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 28.3.1997, and the order of sentence dated 29.3.1997, rendered by the Court of Addl. Sessions Judge, Hisar, vide which it convicted the accused/appellant Jeet 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 year.

(2.) THE facts, in brief, are that on 25.5.1996 Hans Raj, SI along with Ram Rup, Head Constable, was present at Bus Stand, Tohana, where Anil Kumar, independent witness met them, who was joined. The accused was seen coming from the side of bus stand, carrying a bag, in his hand; He tried to slip away, on seeing the police party, but was apprehended by the police party. Search of the bag was conducted, in accordance with the provisions of law, which was found containing 3 kg. and 400 gms of Poppy Husk. A sample of 100 grams was separated therefrom. The sample and the remaining poppy husk were converted into parcels, sealed with the seal bearing impressions 'AS', and 'RR' and thereafter the case property was taken into possession, vide memo Ex.PC, attested by the witnesses. The seal after use was handed over to Anil Kumar, independent witness. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The accused was arrested. Rough site plan of the place of recovery, was prepared. The accused was challaned.

(3.) THE prosecution, in support of its case, examined Ram Rup, Head Constable, PW -1, Anil Kumar, PW -2, Hans Raj, SHO, PW -3, Badri Parsad, SI, PW -4, Azad Singh, PW -5 and Balbir Singh, Constable, PW -6. Thereafter, the Public Prosecutor for the State closed the prosecution evidence.