MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 20.10.2003 passed by the court of learned Judge, Special Court, Jalandhar whereby he convicted and sentenced Mukhtiar Singh accused to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1.00 lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity the Act) and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Shortly put, facts of the prosecution case are that on 30.5.2001 Inspector Gian Singh received a secret information that accused Mukhtiar Singh was indulging in unlawful business of poppy husk and he was very much present in his residential house in which he has constructed two shops abutting the road and that the shops have been fitted with iron shutters towards the road side and there is a door from the entrance opening in one of the shops and he has been selling poppy husk from the door opening in the entrance of the house. It was also informed that he is packing poppy husk in the polythene bags and selling the same and if the house is raided, huge quantity of poppy husk can be recovered. Anil Kumar an independent witness was associated. The ruqa was sent to the Police Station where on its basis formal F.I.R. was recorded. The accused was apprehended while present in front of his house. He was told that he was suspected for having poppy husk in his shops. He was apprised of his right to have search of the shops in the presence of a Gazetted Officer or a Magistrate. He offered to have the same before a Gazetted Officer. On receipt of message, Dharam Singh DSP came at the spot. On search of the shops, six bags containing poppy husk were recovered. From each bag, two samples of 250 grams each were drawn and controverted into parcels. The residue of each bag weighing 34 kgs 500 grams was also controverted into parcels. All the parcels were sealed with the seal DS belonging to the aforesaid D.S.P. and another seal bearing impression GS relating to the Investigator Gian Singh who handed over his seal to Anil Kumar independent witness, whereas D.S.P. retained his own seal with him. All these parcels were seized vide recovery memo. The rough site plan showing the place of recovery was drawn. The accused was arrested. On return to the Police Station, the case property with seals intact was deposited with the MHC Malkiat Rai. After completion of investigation, the charge sheet was laid in the court for trial of the accused.

(3.) The accused was charged under Section 15 of the Act to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined PW-1 Constable Bakshish Singh, PW-2 D.S.P. Dharam Singh, PW-3 Inspector Gian Singh, PW-4 Head Constable Malkiat Rai and closed its evidence.