AMRIK SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence, dated 07.05.02, rendered by the Judge, Special Court (N.D.& P.S), Patiala, vide which, he convicted the accused, for the offence, punishable under Section 15 of the Narcotic Drugs and Physchotropic Substances Act, 1985 (hereinafter to be called as the 'Act' only), and sentenced him to undergo Rigorous Imprisonment, for a period of 2 years, and to pay a fine of Rs. 5,000/-, and in default thereof, to further undergo rigorous imprisonment, for a period of one month, for having been found in possession of 30 kgs of poppy husk, without having any permit or licence, falling within the ambit of non-commercial quantity.

(2.) The facts, in brief, are that, on 08.06.98, Arshdeep Singh, Sub Inspector, alongwith other Police Officials, being on patrol duty, was going, on unmetaled path of Bhakra canal Chupki, from village Chupki, in a government vehicle, bearing registration No. PB-11-C-7027, and when the Police party, was 10 karams, behind Bhakra bridge, in the area of village Chupki, one Sarabjit Singh, Panch, met it, and was joined. In the meantime, from the side of Gurdialpura, one mare rider, was seen coming with two bags loaded on the khurjies. He was apprehended by the Police party. On enquiry, he disclosed his name as Amrik Singh. Thereafter, Arshdeep Singh, Sub Inspector, told the accused, that he suspected poppy husk, in the bags loaded on the mare and wanted to search the same. He gave an option of being searched, to the accused, either in the presence of a Gazetted Police Officer or a Magistrate, to which he gave his nod. Thereafter, the statement of the accused was recorded and a wireless message was sent to Pritpal Singh Thind Deputy Superintendent of Police, who reached the spot. The statement of the accused was produced, before the Deputy Superintendent of Police who- attested the same. The Deputy Superintendent of Police, disclosed his identity to the accused. Thereafter, the search of the bags was conducted as a result whereof, poppy husk was recovered from the same. Poppy husk of both the bags was mixed. Two samples of poppy husk weighing 250 grams, were taken out and converted into parcels. The remaining poppy husk after weightment, came to be 30 kgs and was put back, in the bags. Both the bags were converted into parcels, one containing 14 legs and other containing 16 kgs of poppy husk. Both the sample parcels and the bags were sealed with the seal, bearing impression 'AS', belonging Arshdeep Singh, Sub Inspector. The seal after use was handed over to Pritpal Singh Thind, Deputy Superintendent of Police. The case property was taken into 'possession, vide recovery memo. The accused was arrested. Ruqa was sent to the Police Station, on the basis whereof, the first information report was registered. Rough site plan of the place of recovery was prepared, with correct marginal notes. On return to the Police Station, the case property duly sealed, was deposited with the Moharrir Head Constable. Report of the Chemical Examiner was received. After the completion of investigation, the accused, was challaned.

(3.) On his appearance in the Court, the accused was supplied the copies of documents, relied upon by the prosecution.