BHINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) None has appeared on behalf of the appellant. On the last date also none had appeared on behalf of the appellant.

(2.) The appellant was convicted for an offence under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') by learned Special Judge, Ludhiana vide judgment dated 12.9.2002. Vide order of the even date the appellant was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.5000/- under Section 15 of the Act. Hence, the present appeal. The prosecution story in brief as noticed by the learned Judge Special Court in para 2 of the impugned judgment reads as under :-

(3.) I have gone through the record of the case carefully with the able assistance of the learned State Counsel. P.W.2 S.I. Baldev deposed that on 3.2.1999 he was present in the area of Village Majri alongwith other police officials. When the police party reached near canal Minor at about 4.20 a.m. Bhinder Singh was seen coming carrying a white plastic bag on his head and he was apprehended on suspicion. The said person was given an option that he could get his search effected in presence of the Gazetted Officer or a Magistrate. The said person reposed confidence in the witness and a consent memo in this regard was prepared. On search of the bag, poppy husk was recovered. Two samples of 250 gms each were separated from the bag and were made into sealed parcels. The remaining poppy husk on weighment, was found to be 14 kg 500 gms. The remaining poppy husk was made into sealed parcel. The samples as well as the remaining poppy husk were taken in possession.