PARGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Pargat Singh appellant-accused (herein referred as 'the accused') was prosecuted for keeping in possession seven bags of poppy husk, each bag containing 30 kgs, consequently he was tried and ultimately convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein referred as 'the Act') vide judgment dated 07.02.2004, passed by Special Court, Bathinda.

(2.) In nutshell, the allegations against the accused are that on 29.06.2001 Sub Inspector Parlad Singh alongwith other police officials, while on canter, was holding a picket near bus-stand, Gonspura. He had also associated one Hakam Singh, an independent witness. At about 3:00 a.m., the accused while driving a tractor-trolley(without number plate), came from the side of village Gonspura. On giving signal by the police party, he stopped the said tractor-trolley. On suspicion, the accused was asked to disclose the papers regarding the ownership of the tractor-trolley. However, the accused fled away and could not be apprehended. On search of the tractor-trolley in the presence of DSP Amrik Singh, seven bags of poppy husk were recovered from the trolley, out of which 250 grams of samples were drawn from each bag. Tractor-trolley was also taken into possession vide memo Ex. PB. Site plan Ex. PE was prepared and ruqa Ex. PF was sent to the police station on the basis of which formal FIR EX.PF/1 was registered. On return to the police station, Sub Inspector Parlad Singh, Investigating Officer (herein referred as 'the Investigating Officer') kept the case property in his custody and sent special report Ex. PG to the higher officers. On 30.06.2001, he produced the case property before the Ilaqa Magistrate vide application Ex. PH, who passed the order Ex.PH/1. Inventory Ex. PJ, already prepared, was also produced before the Court over which the Court passed the order Ex.PJ/1. The accused was arrested on 31.03.2002 vide arrest memo Ex.PK. On completion of investigation, challan was presented in the Court.

(3.) The accused was charged under Section 15 of the Act to which he pleaded not guilty and claimed trial.