SANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sant Singh has preferred the present appeal. He was convicted by Judge Special Court, Ropar vide his judgment and order dated 15.11.2002 for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the Act') and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. Since the quantity of poppy husk recovered from the Appellant was non-commercial, therefore he was awarded sentence of two years.

(2.) Nobody has appeared for the Appellant on February 08, 2010 and also on various other dates. Earlier, on April 09, 2008, Ms. Sadana Trikha, Advocate was appointed as amicus curiae. She has also not caused appearance. In these circumstances, Sh. Sunil Chadha, Advocate was appointed as amicus curiae.

(3.) FIR No. 212 dated 24.11.1999 registered at Police Station Ropar under Section 15 of the NDPS Act, 1995 Ex.PK/1. It was registered on the basis of a Ruqa Ex.PK sent on 24.11.1999 at 2 PM by SI Pawanjit Singh CIA Staff Ropar. At that time, Investigating Officer was present in the revenue estate of village Ghanauli District Ropar along with his companion police officials in connection with the patrol duty and nakabandi. At that time, one Bajaj Chetak scooter bearing registration No. PB-27-6934 was stopped coming from the side of Nalagarh. On suspicion, it was stopped. Its driver disclosed his name as Sant Singh son of Norang Singh. On the front side of the scooter, one bag was lying. The Investigating Officer stated that there was a suspicion that the bag contained contraband article, therefore a search is to be conducted. An offer was made to the accused that if desired he can get the search conducted in the presence of a Gazetted Officer or a Magistrate. The accused gave his consent and stated that search be conducted from a Gazetted Officer. Consent memo was prepared. It was attested by the witnesses. Services of DSP (D) was requisitioned through wireless. Randhir Singh DSP (D) reached at the spot along with his gunman. The gunman checked and the poppy husk was found. Out of poppy husk, two separate samples of 250 grams each were prepared. SI Pawanjit Singh had affixed seal bearing impression PJ on the parcel of sample so drawn and the case property. DSP (D) has also affixed his seal having impression of "RS". Procedure regarding search, seizure and recovery was effected and ruqa was sent for registration of the case.