DALJIT SINGH @ DILI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the conviction and sentence imposed by learned Sessions Judge, Sangrur on the accused-appellant in Sessions Case No. 4 of 9.1.1998 for the offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(2.) ACCORDING to the case of the prosecution on 28.10.1997 Sub Inspector of Police Wassan Singh accompanied by Head Constable Pardeep Kumar, Constable Parshotam Ram, Surjit Singh and Ram Pal, was holding a Naka in the village Khal. At about 2-30 P.M. the accused was found coming from the side of village Arkwas carrying a bag on his left shoulder. On seeing the Police Party, he tried to run away, but he was apprehended on suspicion. He was offered to be searched in the presence of a Gazetted officer or a Magistrate. The accused wanted to be searched in the presence of a Gazetted Officer. Then a wireless message was sent to the Deputy Superintendent of Police Moonak, who came to the spot and a search was conducted in the presence of the Deputy Superintendent of Police which revealed that the bag carried by the accused contained poppy husk weighing 6 Kgs. Two samples of 250 Gms each were taken and put into two separate parcels. The rest of the poppy husk was also kept in a sealed parcel. The poppy husk was taken into possession under recovery memo. A ruqa was sent to the Police Station on the basis of which FIR was registered. After completion of the investigation, a chargesheet was filed for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. The accused pleaded not guilty to the said offence.

(3.) ON a consideration of the evidence on record, the learned Sessions Judge convicted the accused for the offence under Section 15 of N.D.P.S. Act and sentence him to undergo rigorous imprisonment for a period of 10 years and pay a fine of Rs. one lac.