HAZOOR SINGH Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment passed by the learned Additional Sessions Judge convicting the Appellant for offence punishable under Section 15 of the NDPS Act and order on sentence dated 24th April, 2000 whereby the Appellant was sentenced to undergo Rigorous Imprisonment for 10 years and a fine of Rs.1,00,000/-, in default of payment of fine to further undergo Simple Imprisonment for 1 year.

(2.) BRIEFLY the prosecution case is that on 18th September, 1996, DD No. 20 was received at PS Lahori Gate and in pursuance thereof, a raiding party consisting of ASI Ranbir Singh along with SI Amit Issar, HC Ashok Kumar and Const. Krishan Kumar was formed, which reached at SPM Marg, Old Punjab Bus Stand. The Investigating Officer asked 4/5 public persons to join the investigation to which one Harjeet Singh agreed and was joined as a public witness. At about 9:20 a.m. on the pointing out of the informer, the Appellant was apprehended with the help of Cont. Krishan Kumar. Offer was given to the Appellant to be searched in the presence of a Magistrate or a Gazetted Officer, which was declined by him. Search of the Bag/Katta on which the Appellant was sitting was taken. The bag was found containing poppy straw powder. The bag/katta contained 12 packets of one kg each out of which one packet was kept as a sample. The remaining 11 packets were kept back in the same katta, which was sealed with the seal of RS. The CFSL form was filled up and the seal of RS was also affixed on it. By that time, the SHO, PS Lahori Gate also came to the spot and he also affixed his seal on both the parcels/pulandas and CFSL forms. The sample was deposited in the CFSL for testing. As per the report of CFSL, the sample gave positive test for the poppy straw powder. On completion of investigation, charge sheet was filed. After recording the testimony of the prosecution witnesses and the statement of Appellant under Section 313 Cr.P.C., the learned Special Judge convicted the Appellant for offence punishable under Section 15 of the NDPS Act and sentenced him as mentioned above.

(3.) I have heard learned counsels for the parties and perused the record.