BAKSHISH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 24.8.2001, rendered by the Judge, Special Court, Jind, 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 ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for a further period of two years, for having been found in possession of 10 kgs poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 6.8.2000 Roshan Lal ASI of Police Station Garhi with HC Hem Singh and other police officials of Police Station Garhi was present near Hansdehar turning point on Narwana to Khanori Road. In the meantime one person was seen coming with a plastic bag, on his head from village Data Singhwala, who on seeing the police party, all of a sudden, turned back and started walking fastly. On suspicion, he was apprehended and, on interrogation he disclosed his identity as Bakshish Singh son of Darbara, Jat by caste, resident of village Dindoli. ASI Roshan Lal suspected some contraband in the plastic bag possessed by him. So, he served a notice Ex.PF upon him, as to whether, he wanted the search of the bag, to be conducted in the presence of a Magistrate or a Gazetted Officer. The accused reposed faith in ASI Roshan Lal. Thereafter, the bag was searched, which was found, containing 10 kgs. poppy husk, out of which 100 grams, was separated, as a sample, and the remaining opium, was put in the same bag. The sample and the remaining poppy husk, were converted into separate parcels, duly sealed and taken into possession, vide separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, FIR was registered. Rough site plan of the place of recovery was prepared. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined MHC Raj Kumar, PW, Constable Madn Lal, PW2, SI Jagat Singh, PW3, HC Hem Singh, PW4, and ASI Roshan Lal, PW5, the Investigating Officer. Thereafter the Public Prosecutor for the State closed the prosecution evidence.