ARUN KUMAR @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed by the High Court of Judicature of Punjab and Haryana at Chandigarh in Criminal Appeal No. 1005-SB of 2001, dated 02.12.2008. By the impugned judgment and order, the High Court has confirmed the judgment of conviction and order of sentence passed by learned Judge, Special Court, Bathinda, dated 11.07.2001. Before us, in this appeal, is Arun Kumar @ Kala, who is convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act" for short) and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, and in default of the same to undergo a further period of 2 years of rigorous imprisonment.

(2.) It is on 19.07.1999, at about 8 p.m., when the Sub-Inspector Amritpal (PW-1) alongwith other police officials and a panchayat member on patrol duty came across the Appellant, who was driving a white coloured Maruti car. On suspicion, he was stopped and an option was given to the Appellant to-either enable the search of the car in presence of a Gazetted Officer or a Magistrate. The Appellant being so informed, opted for the former. Thereafter, the Deputy Superintendent of Police arrived at the place of occurrence and after disclosure of his identity to the Appellant, a memo was prepared and search of the car was conducted which resulted in seizure of six bags, each containing 35 kgs. of poppy husk without any licence or permit. A sample of 250 grams of poppy husks was collected from the gunny bags and the rest of the poppy husk after being converted into duly sealed parcels, was taken into possession and recovery memos were prepared. Ruqa was sent to the police station, whereof an FIR was registered. The Appellant was arrested after due compliance of mandatory provisions envisaged under the Act.

(3.) The Appellant was charged for the offence punishable under Section 15 of the Act, to which he pleaded not guilty.