SUKHDEV SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, dated 4.7.1998, and the order of sentence dated 6.7.1998, rendered by the Court of Addl. Sessions Judge, Sirsa, vide which it convicted the accused/appellant Sukhdev Singh, 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 another period of two years. The facts, in brief, are that on 4.2.1994, Nand Lal, ASI, alongwith other police officials, was present within the revenue estate of village Jogewala, in connection with patrol duty, where he received a secret information against the accused, that he is in the habit of selling poppy -husk, in his house, and, in case, a raid was conducted, at once, the accused could be captured red -handed. Nachhatter Singh, public witness, was associated, with the raiding party. The raiding party, thereafter, raided the house of the accused. Sukhdev Singh, accused, was found present, in his house, sitting on a cot. 5 bags were found lying concealed under a heap of the chaff, in the courtyard of the house, of the accused. Search of the bags, was conducted, in the presence of Jagdish Nagar, DSP, who was called to the spot, in accordance with the provisions of law. Each bag was found containing 40 kgs. poppy -husk. A sample of 100 grams from each of the bags, was taken out. The samples and the remaining poppy husk, were converted into parcels, duly sealed with the seal, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The site plan of the place of recovery, with correct marginal notes, was prepared. The statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.

(2.) ON appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty and claimed judicial trial.

(3.) THE statement of the accused under Section 313 Cr.P.C., was recorded, and he was put all the incriminating circumstances, appearing against him, in the prosecution evidence. He pleaded false implication. It was stated by him, that he had been falsely implicated in this case, at the instance of Harnand Singh, Ex -Member of the Block Samiti. The accused, however, produced Radhey Sham, HC (DW -1), Jagdish Singh, Constable (DW -2), Jagdish Singh, (DW -3), and Madho Parshad, Draftsman (DW -4), in his defence. He also tendered into evidence, copies of the voter list Ex. DC, Ex. DD, and copies of the jamabandis for the years 1990 -91 and 1995 -1996, Ex. DE and Ex. DF. Thereafter, he closed the defence evidence.