GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Gurdial Singh has filed this appeal against the judgment of conviction and the sentence order dated 05.2.2005 passed by the Judge, Special Court, Patiala, whereby the appellant was convicted under Section 15(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- in default whereof to undergo further rigorous imprisonment for two years.

(2.) The prayer made in this appeal is to set aside the impugned judgment and the sentence order by acceptance of this appeal and to acquit the appellant of the charge framed against him for the aforesaid offence.

(3.) The facts of the prosecution case, in brief, are that on 22.11.2002, Assistant Sub Inspector Karan Singh along with other police officials was going from Banwala towards village Dutal. On reaching at T-Point Banwala, Mohinder Singh, an independent witness met them per chance. Assistant Sub Inspector Karan Singh was having a talk with Mohinder Singh when the accused-appellant was seen coming on foot from the side of village Dutal, through a Kacha Path, carrying a bag on his head. On seeing the police party, the accused dropped the bag from his head on the ground and tried to run away from the spot. In that process, the gunny bag was torn from one side and small quantity of poppy husk was scattered on the ground. The accused was apprehended by the police party. Two samples of 250 grams of poppy husk were separated. The remaining poppy husk, on weighment, was found to be 34 kg 500 grams. The sample parcels and the gunny bag were taken into possession after sealing the same with the seal of Assistant Sub Inspector Karan Singh bearing initials 'KS'. Sample of the seal was also prepared (Exhibit P1). Seal after use was handed over the Mohinder Singh, independent witness. On personal search of the accused, Rs. 20 were recovered and taken into possession by the police. Ruqa (Exhibit PE) was sent to the Police Station through Constable-II Kulwinder Singh and on its basis First Information Report was registered by Assistant Sub Inspector Surinderpaljit Singh. Rough site plan was prepared showing the place of recovery. Appellant Gurdial Singh was arrested and ground of arrest were also supplied to him vide Memo (Exhibit PG). Information memo (Exhibit P.H) with regard to the arrest of the appellant was also prepared.