MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 4.3.1998, and the order of sentence of the even date, rendered by the Court of Addl. Sessions Judge, Panipat, vide which it convicted the. accused/appellant Mohinder Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years.

(2.) The facts, in brief are that on 27.7.1906, Zile Singh, SI, alongwith other police officials, was proceeding towards G.T. Road, from village Manana, for patrol duty and detection of crime, and when they reached tied near G.T. Road, the accused was seen coming, who was apprehended, on suspicion. Search of the bag, being carried by him, was conducted, in accordance with the provisions of law, in the presence of the D.S.P., who reached the spot, on the basis of the message sent to him, and the same was found containing 20 Kgs. poppy straw. A sample of 200 grams, was separated therefrom, and the remaining poppy straw was put into the same bag. The sample, and the remaining poppy straw, were converted into parcels, duly sealed, with the seals, bearing impressions 'ZS' and 'MS', and thereafter, the same were taken into possession. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, the formal FIR was registered. The statements of the witnesses, were recorded. After the completion of investigation the accused was challaned.

(3.) On appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty and claimed trial.