HARNEK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Harnek Singh stands convicted for the offence under Section 8 read with 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as N.D.P.S. Act) vide judgment dated 28-2-1996 recorded by the learned Special Judge, N.D.P.S. Cases, Hanumangarh in Sessions Case No. 131/94 (182/93) and sentenced the appellant to undergo 10 years rigorous imprisonment and a fine of Rs. one lac or in default to undergo 2 years rigorous imprisonment.

(2.) The prosecution case is that S.H.O., Police Station, Sangariya, Shri Richhpal Singh received secret information that one person got down from the bus at Tibi Bus Stand and was proceeding on foot to Bishnoi Temple with poppy straw in his possession kept in a white bag. The secret information was reduced into writing Ex. P-15 and a copy of the same was forwarded to the officer superior by wifeless message Ex. P-17 Shri Richhpal Singh with his staff and two motbirs reached at the spot Choutala Road Bishnoi Temple at 8.55 a.m. They saw a person with a white bag on his shoulder who tried to take turn towards the Railway line on seeing the police party. S.H.O. Richhpal Singh detained the person, who gave his name as Harnek Singh son of Nihal Singh by caste Jatsikh resident of Dhoorkot (District Sangrur). The appellant Harnek Singh was informed of his right under Section 50, N.D.P.S. Act but he gave his consent to conduct the search by S.H.O. Thus 14 Kg. poppy straw was recovered from the possession of the appellant in a white bag, which was sealed after taking two samples of 250 gms. each and marked as A and B. The samples were also sealed and a seizure memo Ex. P-3 was prepared in the presence of the accused and the motbirs duly signed by them. A report was lodged at the Police Station and after complete investigation charge sheet was submitted against the appellant. The appellant denied the charge and stated that he has been involved in a false case. After considering and evaluating the evidence on record, the learned Special Judge found the appellant guilty of the offence under Section 8/15, N.D.P.S. Act.

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