BINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BINDER Singh son of Lal Singh, appellant, was named as accused in case FIR No. 394 dated 5.9.2002 registered at Police Station Sunam under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act'). He was convicted and sentenced by the trial Court to undergo rigorous imprisonment for two years and six months and to pay a fine of Rs. 1500/-. In default of payment of fine, he was to undergo further rigorous imprisonment for four months. Aggrieved against the same, the present appeal has been filed.

(2.) ASI Sukhchain Singh, Incharge, Police Post Dharamgarh addressed a ruqa to S.H.O., Police Station, Sunam. It was stated therein that he, along with companion police officials, for checking of suspicious persons, was present on the 'T' point of Village Satauj on the embankment of same-nala (drain). One person was sitting over a jute bag. Due to suspicion, ASI got stopped the jeep and went to that person. That person on seeing the police party became nervous and made an attempt to stand. ASI stopped him by raising a voice and apprehended him along with companion police officials. At that time, Ghula Singh son of Kishan Singh came from the side of Village Dharamgarh. He was acquainted with the facts of the case. Thereafter, the accused was interrogated, who disclosed his name as Binder Singh son of Lal Singh. The jute bag was opened. It contained poppy husk. One plastic box (dubba) was lying nearby the jute bag of poppy husk. The accused was given an offer to be searched before a Gazetted Officer or a Magistrate. Accused reposed trust in the Investigating Officer. Thereafter, according to the procedure, samples were drawn and recovery was effected.

(3.) JUDGE , Special Court, Sangrur charged the appellant for offence under Section 15 of the Act for having in his possession 35= Kgs. of poppy husk. Appellant pleaded not guilty and claimed trial.