RAJBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal appeal and has been directed against the judgment and order dated 1.4.1997, passed by the Court of the Additional Sessions Judge, Hisar, who convicted the present appellant Rajbir Singh, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac; in default of of payment of fine, the appellant was further directed to undergo RI for two years;

(2.) The story of the prosecution can be described as follows;

(3.) In order to prove the charge, the prosecution examined Lal Chand, DSP, PW-1, who simply deposed that when he was posted as SHO, Police Station, City Hansi, he prepared the report u/Section 173, Cr. P.C., PW-2 ASI Bansi Lal, who proved the formal FIR. Ex. PE/1. PW-3 SI Krishan Kumar, is the witness of the recovery while PW-4 Ranjit Singh is the S.P. before whom the search of the appellant was taken. Inspector Samunder Singh, I.O., is PW-5. The prosecution also tendered into evidence the affidavits of two formal witnesses besides the report Ex. PD, of the Chemical Examiner.