G.L.GUPTA - (1.) Mana Singh and Mahendra Singh have preferred these appeals calling in question their conviction under Sec. 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 recorded by the learned Special Judge, N.D.P.S. Cases, Hanumangarh vide judgment dt. 21-12-95. They were sentenced to undergo rigorous imprisonment for ten years and pay a fine of Rs. One lakh each, in default to undergo two years R. I. more.
(2.) The prosecution case, in short, is that on 6-9-92 Sher Singh, Sub-Inspector, who was Station House Officer of Police Station Sangariya, along with the police party left the police station at 11 a.m. for patrol duty. At the bus stand, Sangariya, he was informed by a 'Mukhbir' that two persons - one wearing white shirt and trousers and the other wearing red colour shirt - were taking poppy powder on the Sardulsahar road. Shri Sher Singh recorded this information and proceeded towards the Sardulsahar road along with 'Motbirs'. He found two persons on the road, who, on asking, disclosed their names as Mana Singh and Mahendra Singh. Shri Sher Singh told them that he wanted to search them. He also informed them of their right to give their search in the presence of the Magistrate. The two persons told him that he could himself search them. They had two bags with them. Sher Singh smelling poppy powder, in the bags, took sample from both the bags and sealed them. He thereafter took the accused persons to the police station and registered a case. After the completion of the investigation a challan was filed.
(3.) The learned Special Judge framed charges u/Sec. 8/15 of the N.D.P.S. Act against both the accused who pleaded not guilty. The prosecution examined P.W.1 Brijlal, P.W. 2 Rajhans, P.W.3 Shaitan Singh, P.W.4 Sher Singh and P.W.5 Girdhari Ram. Accused in their statements u/Sec. 313 Cr. P.C. denied accusation. They did not examine any witness in defence. After hearing the counsel for the parties, the learned Special Judge, held that the poppy power was recovered from both the accused persons, for which they did not hold licence. He, therefore, convicted and sentenced them as stated above.;