STATE OF PUNJAB Vs. LEELA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division bench of Punjab and Haryana High Court directing acquittal of the respondent who was convicted by learned Special Judge Sh. Inderjit Kaushik, Patiala, for offence punishable under Section 15 of the Narcotic Drugs and Psychotic Substances Act, 1985 (in short NDPS Act ). Allegation against the accused was that he was found to be in possession of poppy husk weighing a large quantity in seven bags.

(2.) The prosecution version in a nut shell is as follows:

(3.) The Investigator proceeded to the spot and also informed D.S.P. Kulshinder Singh (PW.1) on the wireless. When the police officials reached the bridge on the drain, they saw two persons sitting on bags, who on seeing them tried to run away. The police officials stopped their vehicle, got down and over-powered Leela as well as Pritam Singh @ Billu. At that time Joga Singh had also reached at the spot. The Investigator told the accused that he wished to search the bags and that search could be conducted in the presence of a Gazetted Officer or a Magistrate. The accused opted for search before a Gazetted Officer. The Investigator recorded their consent statements and the accused put their signatures on the statements. In the meanwhile, D.S.P. Kulshinder Singh (PW.1) also reached the spot in a police Gypsy. In the presence of the witnesses and the D.S.P., the Investigator checked the seven bags which were lying on the ground and from each bag poppy husk was recovered. The bags were numbered 1 to 7. Two samples of 250 grams each of the contraband article were taken out from the bags and put in separate parcels. The remaining poppy husk was weighed and each was found to have contained 34.5 kgs. of poppy husk. Fourteen sample parcels and the seven bags of poppy husk were sealed. The seal after use was handed over to Assistant Sub-Inspector Mohinder Singh (PW.4). Since Leela and Pritam Singh @ Billu had committed an offence punishable under Section 15 of the NDPS Act report was sent to Police Station, Sadar, Patiala at 9.30 a.m. and on its basis formal F.I.R. was registered at the Police Station at 10.40 a.m. on February 20, 1999. Report of the case was received by Additional Chief Judicial Magistrate at 5.35 p.m. on the same day.