KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant was tried under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 for being found in possession of 22 kgs. of poppy husk. Vide judgment and order dated 7.2.2005, learned Judge, Special Court, Sangrur convicted the appellant for the said offence and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months. Aggrieved of the same, the appellant has filed the present appeal.

(2.) ACCORDING to the prosecution, on 20.7.2004, ASI Devinder Singh of Police Station Sunam, alongwith other police officials, was going from Khadial on a government vehicle. When the police party reached at the bridge of the drain, then one person was seen sitting in the shade of the tree on the left side of the road on the bank of the drain and open jute bag and plastic mug were lying by his side. On seeing the police party, he tried to slip away, however, he was apprehended on suspicion. When asked, he disclosed his name as Karnail Singh son of Naginder Singh, caste Jat, resident of village Chathe Nanhera. ASI Devinder Singh searched the jute bag belonging to the appellant and found that it was containing poppy husk. Two samples of 250 gms. each, out of the recovered poppy husk, were taken. The remaining poppy husk, when weighed was found to be 22 kgs. Plastic mug was also taken into possession. All the parcels were sealed by ASI Devinder Singh with his seal bearing inscription 'DS' and taken into possession vide separate recovery memo. The seal after use was handed over to HC Jagdev Singh. ASI Devinder Singh then sent a ruqa to Police Station, Sunam, on the basis of which FIR No. 302 dated 20.7.2004 was registered against the appellant under Section 15 of the Act.

(3.) IN support of its case, the prosecution examined PW1 Inspector Harinder Singh, PW2 Narinder Singh, PW3 MHC Mehar Singh, PW4 ASI Devinder Singh and PW5 HC Jagdev Singh. The remaining witnesses were given up as unnecessary. Report of the Forensic Science Laboratory was also tendered in evidence.