AMAR CHAND Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated June 29, 1990, passed by the Additional Sessions Judge No. 1, Hanumangarh (Camp Sangariya), by which the learned Additional Sessions Judge convicted and sentenced the accused appellant Amar Chand under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) THE incident, which led to the prosecution of the present appellant, took -place on February 16,1988 when Assistant Sub -Inspector Karnail Singh alongwith the Station House Officer Sant Ram, Constable Mohendra Lal and Constable Paul Singh went on patrolling duty from the Police Station, Sangariya, at about 3.30 p.m. in a jeep. When they reached near the Railway Station, Dhaba, at about 4.00 p.m. one informant met them there and informed that in Mani Ram's Dhani near Canal bank of Bhagatpura minor, the accused is selling poppy -heads. Upon receiving this information, Karnail Singh, A.S.I., along with the other police personnel, proceeded towards the canal and found Jagroop Singh, Pradeep Kumar and Mahendra Singh selling the poppy -heads. He caught -hold of them, made recovries and in making the recoveries of the poppy -heads from these persons, about 11/2 hours time was consumed. Thereafter he proceeded towards Bhagatpura Minor and on the Northern bank, the accused was found weighing the poppy -heads in a scale and four persons were sitting in front of him. The accused remained sitting there and was caught by the police party while t he four persons managed to ran away. 1/1/2 bags of poppy heads was recovered from the accused Mani Ram which was seized by the police and the accused was arrested. The samples of the poppy -heads from the bags were taken and were sent to Forensic Science Laboratory for examination. On F.S.L. examination, it was found that the samples contained poppy -heads' powder. The police, after necessary investigation, presented the challan against the petitioner under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the N.D.P.S. Act') and the accused appellant was tried under section 8/15 N.D.P.S. Act by Additional Sessions Judge No. 1, Hanumangarh. The Prosecution, in support of its case, produced seven witnesses, namely, PW 1 Subhash Chandra, PW 2 Sant Ram, PW 3 Chunni Lal, PW 4 Jeewan Ram, PW 5 Sobhag Singh, PW 6 Karnail Singh and PW 7, Karnail Singh A.S.I. The accused was examined under Section 313 Cr.P.C. and he did not examine/produce any witness in defence. The learned Additional Sessions Judge, after trial, found the accused -petitioner guilty under Section 8/15 of the N.D.P.S. Act and sentenced him to undergo ten years' rigorous imprisonment and a fine of rupees one lac and in default of payment of fine to further undergo one year's rigorous imprisonment. Aggrieved with this judgment, the accused -appellant has preferred this appeal challenging his conviction and sentence passed by the Addl. Sessions Judge.

(3.) I have heard the learned Counsel for the appellant and the learned Public Prosecutor.