BHURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellant who stood charged with offence under 4, was convicted thereunder and was sentenced to undergo ten years rigorous imprisonment and also to pay a fine of rupees one lakh and in default to undergo further period of one year rigorous imprisonment.

(2.) The case of the prosecution in brief as unfolded by the witnesses examined on its side is that on 09.04.1998 the accused, who was coming on a bicycle was intercepted by the police party headed by the Assistant Sub Inspector (PW3). He was found carrying one bag on the bicycle. Suspecting that some incriminating material was in possession of the Appellant/accused, the Deputy Superintendent of Police (PW1) was informed. As per the wish of the Appellant, in the presence of the Deputy Superintendent of Police, the bag on the carrier of the bicycle was searched. It contained 35 kilogram of poppy husk. The samples were lifted and the same were sealed. On search of the person of the Appellant/accused, a sum of Rs. 50/-was also recovered from him. PW3 having recovered those material objects, remanded the accused to judicial custody. The Chemical Examiner submitted his report Ex.PG stating therein that the contents of the sample were of Chura poppy heads. PW3 completed the investigation and submitted the final report against the Appellant/accused for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) The trial Court having gone through the evidence on record came to the decision that all the mandatory provisions of the aforesaid Act were strictly complied with by the Investigating Officer. The trial Court having relied upon the evidence of PW1 to PW4 returned a finding that the accused was found in possession of 35 kilogram of poppy husk.