PRITHI SINGH SON OF LAKHO SINGH RESIDENT OF GURU SEWAK NAGAR DHANOLA ROAD, POLICE STATION BARNALA (PUNJAB) Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 12.02.1998 and the order of sentence dated 13.02.1998, rendered by the Court of Additional Sessions Judge, Bhiwani, vide which it convicted the accused/appellant, for the offence punishable under Sec. 15 of the Narcotic Drugs & Psychotropic Substance 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 further rigorous imprisonment for a period of one year.

(2.) The facts, in brief, are that on 31.07.1994 Mahender Singh, Assistant Sub Inspector and other police officials were on patrol duty in a Government jeep near the Cinema Hall, at Siwani. Ramesh Kumar son of Mange Rain met Mahender Singh, Assistant Sub Inspector, and when he was talking with him, the accused, who was having a bag on his shoulder, was seen coming from the side of Old Bus Stand, Siwani. On suspicion, he was apprehended. The search of the bag, being carried by the accused, was conducted, in accordance with the provisions of law, as a result whereof, 6 Kgs of poppy husk was recovered. A sample of 100 grams was drawn, from the recovered poppy husk. The sample and the remainder were made into separate parcels, and sealed with seal bearing impression "MS". Seal after use was handed over to Ramesh Kumar, PW. The case property was taken into possession. Ruqa Ex. PB was sent to the police station, on the basis of which, FIR Ex. PC was recorded. Rough site plan was prepared. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the challan was presented.

(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 Sec. 15 of the Act, was framed against him, to which he pleaded not guilty and claimed trial.