Sham Sunder, J. - (1.) THIS appeal is directed against the judgment of conviction dated 30.7.1997, and the order of sentence dated 31.7.1997 rendered by the Court of Addl. Sessions Judge, Kurukshetra, vide which it convicted the accused/appellant Jaswant 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 often 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 one year.
(2.) THE facts, in brief, are that on 6.8.1996, Paras Kumar, SI/SHO, Police Station, Shahbad, accompanied by Rajinder Singh, ASI, Head Constable Krishan Lal and other police officials was present in Government Jeep No. HR -07 -1745 in connection with excise and patrol duty on Nalvi Road, Bus Stand of Village Kalsani, when a secret information was received, that the accused who was a handicapped person, was coming towards them carrying some poppy husk in a bag, and, in case, a picket was held, he could be apprehended. On the basis of the said secret information, C.I. Balkar Singh was sent to the Police Station for the registration of case. Dy. Superintendent of Police, Kurukshetra, was also informed. He came to the spot. Sohan Singh, Ex. Sarpanch of the Village, who was present there, was also joined with the police party. The accused then appeared and, on suspicion, he was apprehended. On search of his bag, in accordance with the provisions of law, 2 kg. 200 grams poppy husk was recovered. A sample of 100 grams, was separated therefrom. The sample and the remaining poppy husk were converted into parcels, sealed with the seals, bearing impressions 'KK,' and 'PK' and thereafter the case property was taken into possession vide memo Ex.PA. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The accused was arrested. Special report was sent to S.P. After the completion of investigation, the accused was challaned. On his 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 judicial trial. The prosecution, in support of its case, examined K.K. Rao, DSP, (Head Quarter), Kurukshetra, PW -1, Paras Kumar, SI/SHO, PW -2, Parveen Kumar, PW -3, Devinder Kumar, PW -4, and Ram Singh, ASI, PW -5. Thereafter, the public Prosecutor for the State, also tendered into evidence, report of the Forensic Science Laboratory, Ex.PK, and after giving up the independent witness, closed the same.
(3.) THE statement of the accused under Section 313 Cr.P.C., was recorded, and he was put all the incriminating circumstances, appearing against him, in the prosecution evidence. He pleaded false implication. He however, produced no evidence, in his defence.;