NAGU SINGH Vs. STATE

JUDGEMENT

(1.) - The appellant Nagu Singh has approached this Court being by way of this appeal assailing the judgment dated 30.6.2015 passed by the learned Special Judge (NDPS Act Cases), Pratapgarh in Special Sessions Case No.36/2006 convicting him for the offence under Sec. 8/15 of the NDPS Act and sentencing him to suffer 11 years’ R.I. and a fine of Rs.1 lac each, in default of payment of fine, to further undergo six months’ additional R.I.

(2.) Facts essential and necessary for the disposal of the instant appeal are noted herein below.

(3.) The SHO Police Station Choti Sadri Shri Rajiv Joshi, acting on the basis of a prior information, claims to have conducted the search of a house allegedly owned by the appellant at the village Charliya, District Pratapgarh on 26.4.2006. It is alleged that from inside a small room located in the house of the accused appellant, the key whereof, was supplied by him, contraband poppy straw having gross weight of 200 kgs. was recovered lying packed in five separate gunny bags. The accused could not provide any licence or permit for possession of the poppy straw. The Seizure Officer collected 500 gms. of contraband from every bag. He prepared two representative samples of 500 gms. each and packed them in plastic bags. The remaining 1.500 kgs. of the representative contraband collected from the five gunny bags was also packed in a separate bag. The samples and the remainant of the representative contraband were given marks A, B and C. The left over contraband after collecting the representative samples was repacked in the same gunny bags which were given marking "1 to 5 ". The SHO thereafter returned to the Police Station Choti Sadri and registered FIR No.110/2006 against the appellant herein for the offence under Sec. 8/15 of the NDPS Act. After investigation, a charge-sheet was filed against the appellant for the offence under Sec. 8/15 of the NDPS Act.