KARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 8.9.1999, and the order of sentence dated 9.9.1999, rendered by the Presiding Officer, Special Court, Kurukshetra, vide which he convicted the accused/appellant, 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 10 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, for having been found in possession of 15 Kgs., poppy-husk, now falling within the ambit of non-commercial quantity, without any permit or licence.

(2.) THE facts, in brief, are that on 1.12.1995, Baljit Singh, ASI, alongwith other police officials, was on patrol duty, at Rajbaha bridge, at Jalbehra head, when the accused was seen coming with a plastic bag, on his shoulder, who on seeing the police party, tried to retreat, but was apprehended, on suspicion. Some narcotic substance was suspected, in the bag, being carried by the accused. On search of the bag, being carried by the accused, in the presence of Paramjit Singh Ahlawat, DSP, who was called to the spot, by sending a message, 15 Kgs. Poppy-husk, was recovered. Two samples of 200 grams each, from the bag, were taken out, and the remaining poppy-husk, was kept in the same bag. The samples, and the bag, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Som Nath, HC (PW-1), Paramjit Singh Ahlawat, DSP, (PW-2), Dilpazir Singh, SI, (PW-3), Raja Ram, HC, (PW-4), Surjit Singh, HC (PW-5), and baljit Singh, ASI (PW-6). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.