RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 14/7/1995, and the order of sentence dated 15/7/1995, rendered by the Court of add1. Sessions Judge, Faridabad, vide which it convicted the accused/appellant Ram sarup, for the offence punishable under section 18 of the Narcotic Drugs and 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 three years.

(2.) THE facts, in brief, are that on 25. 3. 1994, Siri Dutt, ASI, along with Zile singh, Constable, and other police officials, was present at Phavra Singh Chowk, Town no. 1, Faridabad, in connection with patrolling, when Ram Parkash, met him. Meanwhile, a secret information was received against the Ram Sarup (accused), Mali, of faridabad Complex Administration, to the effect that he had planted 700-800 poppy plants, along with other flowering plants, in the beds of flowers, in the area of Govt. Water Works. A raiding party was constituted, and a raid was conducted at Water works. Ram Sarup, accused, was found watering the plants. It was found that the accused had planted poppy plants at 2-3 places of the land of Government Tubewell. Photographer was called, who took four snaps of the scene of recovery. On counting, 780 plants of poppy, were found to be in existence. 20 plants were uprooted and taken as sample. The sample and the remaining plants were made into two separate parcels, duly sealed with the seal bearing impression 'sds'. The seal after use was handed over to Ram Parkash. The case property was taken into possession, vide recovery memo Ex. PC. The height of the plants was ranging between 2' to 4'. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The statements of the witnesses were recorded. The accused was arrested. Rough site plan was prepared. After the completion of investigation, the accused was challaned.

(3.) ON his appearance, in the Court of the committing Magistrate, the copies of documents, relied upon by the prosecution, were supplied to the accused. After the case was received by commitment, in the Court of sessions, charge under Section 18 of the Act, was framed against him, to which he pleaded not guilty and claimed judicial trial.