State of Haryana vs Buta Singh

Kanwaljit Singh Ahluwalia, J.—The State of Haryana has filed Criminal Appeal No. 455-MA of 2008 for grant of leave to appeal against the acquittal of respondent Buta Singh who was found in possession of 1 Kg. 200 grams of poppy husk.

2.Counsel for the State submits that 1 Kg. of poppy husk constitutes small quantity.

Trial Court took into consideration the fact that independent witness PW.7 Joga Singh had turned hostile. Counsel for the State has stated that in the present case, polythene bag was hanging on the motorcycle, therefore, Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is attracted.

Be that as it may, trial Court has taken into consideration the fact that PW.7 Joga Singh, independent witness, had turned hostile and had not supported the prosecution case. Trial Court also took into consideration testimony of PW.5 Bal Kishan, Assistant Sub Inspector, and PW.6 Jagdish Chand, Assistant Sub Inspector, and held that there are major discrepancies in their testimony. Court further held that regarding the weight also, the witnesses are discrepant. Court further took into consideration the fact that the sample was sent to the Chemical Examination after a period of more than three days and the seal remained with Joga Singh.

The findings of the trial Court cannot be said to be perverse. No interference is warranted, hence the present application is dismissed.