GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurmail Singh, by filing the present appeal, has approached this Court with a prayer that the impugned judgment dated 15th January, 2002, whereby the Judge, Special Court, Bathinda held him guilty of an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, 'the Act') and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1.00 lac, in default of payment of fine to further undergo rigorous imprisonment for two years, be set aside and he be acquitted of the charges.

(2.) On 27th July, 1997 at about 2.30 p.m. the appellant was found in possession of two bags containing 35 kilograms of poppy husk each in the area of village Bhagi Bander and thus, case FIR No. 51 dated 27.07.1997 was registered at Police Station Talwandi Sabo under Section 15 of the Act. The FIR Ex.PF/1 was registered on the basis of ruqa Ex.PF sent by SI Jagjit Singh PW-3 of Police Station Talwandi Sabo, in which he stated that he and his companion police officials, on two different scooters, were going on a patrol duty from bridge of canal Jodhpur Pakhar to village Bhagi Bander. When they reached near the bridge of Bhagi Bander, one person was seen walking along with his cycle. On seeing the police party, the suspected person turned his cycle towards the banks of the canal. On the cycle, two gunny bags were loaded. One was being carried on the frame of the cycle, above the chain and the other was on its carrier. On the basis of suspicion, after stopping the scooters, name and address of the suspected person was asked, who disclosed his name as Gurmail Singh son of Hakam Singh, resident of village Mahi Nangal. The police officials suspected that the bags contained poppy husk, therefore, a written offer was extended to the accused to get himself searched in the presence of a Magistrate or a Gazetted Officer. After the consent memo was prepared and signed by the accused, through wireless the said information was relayed to the Police Station to send some Gazetted Officer. At 12.15 p.m. Amrik Singh, DSP, Bathinda arrived at the spot in a Govt. Gypsy along with the driver and a gunman. On the instructions given by the DSP, the gunny bags were opened and were searched. From each bag, 35 kilograms of poppy husk was recovered, out of which two samples of 100 grams of poppy husk each were drawn from each bag and the remaining poppy husk weighing 34 kilograms and 900 grams was separately taken into possession vide a recovery memo. On all the four parcels, SI affixed his seal 'TS'. The recovery memo was got attested from the witnesses. Arrest memo was prepared, personal search of the accused was carried and a ruqa was sent to the Police Station for registration of the case.

(3.) Report under Section 173 Cr.P.C. along with the accused was submitted to the Court of Judge, Special Court, Bathinda and the appellant was charged for an offence, for which he has been convicted. The appellant pleaded not guilty and claimed trial.