KHAZAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 12. 08. 1997, and the order of sentence dated 13. 08. 1997, rendered by the Court of addl. Sessions Judge, Karnal, vide which it convicted the accused/appellant Khazan singh, for the offence punishable under section 15 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 one year.

(2.) THE facts, in brief, are that on 21. 05. 1995, Som Nath, ASI, who was posted at Police Post, Sadarpur Police Station gharaunda alongwith Krishan Chand, head Constable, was present at Yamuna band in the area of Village Lalupura near samadhi of Baba Peer. In the meanwhile, khazan Singh, accused, with a bag oh his head came from the side of Yamuna Band, and, on suspicion he was stopped by the ASI. On interrogation, he told his name and parentage. Search of the bag was conducted, in accordance with the provisions of law, which was found containing 13 kgs. Poppy husk, a sample of 200 grams, was separated therefrom. The sample and the remaining poppy husk, were converted into separate parcels, sealed with the seal, bearing impressions 'sn', and taken into possession vide memo ex. PE. duly attested by the witnesses. Ruqa was sent to the Police Station, on the basis thereof, formal FIR was registered. Site plan of the place of recovery was prepared. The accused was arrested. 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 15 of the Act, was framed against him to which he pleaded not guilty and claimed judicial trial.