MAHENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 6.11.2008, rendered by the Special Judge, Rewari, vide which he convicted the accused/appellant, 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 three years, and to pay a fine of Rs. 5000/-, and in default of payment of the same, to undergo rigorous imprisonment for another period of three months, for having been found in possession of 14 kgs. poppy-husk, (which falls within the ambit of non- commercial quantity), without any permit or licence.

(2.) THE facts, in brief, are that on 1.11.2006, Jaipal Singh, ASI, Incharge of CIA, GRP, Rewari, alongwith other police officials, was present at platform No. 7 of Railway Station, Rewari, in connection with train checking. In the meanwhile, on seeing the police party, the accused, who was carrying a plastic bag, on his right shoulder, tried to go towards platform No. 8, but was apprehended, on suspicion. He kept the plastic bag, on the ground. On search of the bag, in accordance with the provisions of law, it was found containing 7 packets. In each packet, there was 2 Kgs. poppy-husk. Two samples of 100 grams each, from each of the packets, were taken out, and the remaining poppy-husk, was kept in the same packets. The samples, and the packets, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Vikram Singh, ASI (PW-1), Abhay Singh, MHC (PW-2), Dharampal, EHC (PW-3), Ram Niwas (PW-4), Krishan Kumar, SI (PW-5), and Jaipal Singh, ASI (PW-6). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.