MANGAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment dated 15.12.1997 passed by the Court of Additional Sessions Judge, Bhiwani, who convicted the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and vide order dated 17.12.1997 sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac; in default of payment of fine the appellant was directed to undergo further RI for one year.

(2.) THE charge against the appellant was framed on 28.3.1997 to the effect that on 16.1.1997 in the area of Dhani Riwasa he was allegedly in possession of 550 grams of Charas without any licence or permit and thereby he committed an offence punishable under Section 20 of the Act.

(3.) IN order to prove the charge, the prosecution examined and pressed into service two PWs namely Satbir Singh, Tehsildar-cum-Executive Magistrate PW1 and ASI Lal Chand PW2. The prosecution also relied upon the affidavits of the formal witnesses besides the report of the Chemical Examiner in order to prove the charge.