SUPREME COURT OF INDIA

Before:- B. S. Chauhan and Dipak Misra, JJ.

Criminal Appeal No(S). 134 of 2010. D/d. 17.5.2013.

Balkar Singh - Appellant

Versus

State of Haryana - Respondent

For the Appellant :- Ashwani Bhardwaj, Praveen Chaturvedi, Advocates.

For the Respondent :- Vikas Sharma, Manjit Singh, Kamal Mohan Gupta, Advocates.

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 15 Poppy husk - Appellant carrying 44 gunny bags, each containing 40 kilograms of poppy husk, without any permit and license - Prosecution fully established that poppy husk was being taken in the tractor and appellant had been following the same on scooter - Sufficient material on record to show that the tractor as well as scooter belong to appellant - Held, conviction of appellant, proper - Appeal dismissed.

[Paras 5 and 6]

ORDER

This appeal has been preferred against the impugned judgment and order dated 20.8.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Crl. Appeal No. 407-SB of 2004 by way of which the High Court has affirmed the judgment and order of the trial Court by way of which the trial Court has convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of L 1 lakh and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985(for short 'the Act').

2. This matter was called on yesterday. However, learned counsel for the appellant did not turn up. Even today, he is not present.

3. It is pointed out by Mr. Kamal Mohan Gupta, learned counsel appearing for the State that SLP(Crl.) No. 249/2012 arising out of the same judgment filed by the driver of the vehicle has been dismissed by this Bench on 16.5.2013.

4. We have gone through the impugned judgments and orders and the documents on record with the help of Mr. Kamal Mohan Gupta, learned counsel for the State.

5. It is case of carrying 44 gunny bags, each containing 40 kilograms (total 1760 kilograms) of poppy husk by the appellant, without any permit and licence. It has fully been established by the prosecution that the poppy husk was being taken in the tractor and the appellant had been following the same on the scooter. There is sufficient material on record to show that the tractor as well as the scooter belong to the present appellant.

6. In such a fact situation, we are not inclined to accept the appeal. The appeal lacks merit and is accordingly dismissed.

Appeal Dismissed.