KAKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appellant was found in possession of 3.5 Kgs. of poppy husk and, therefore, was tried in case FIR No. 15 dated 4.3.2002 registered at Police Station Dhanaula, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "1985 Act").

(2.) The trial Court found the appellant guilty of offence under Section 15 of the 1985 Act and sentenced him to undergo rigorous imprisonment for three years and six months and to pay a fine of Rs. 35,000/-. In default of payment of fine, to further undergo rigorous imprisonment for nine months.

(3.) In the present case, Rama Shankar, Assistant Sub Inspector, had sent a ruqa to Police Station Dhanaula, for registration of FIR. In the ruqa, it was stated that Rama Shankar, Assistant Sub Inspector, along with his companion police officials, was present in connection with patrol duty when he saw a person coming from the opposite side having a heavy jhola (bag) in his right arm. Seeing the police party, the said person turned aside. On suspicion, that person was stopped and apprehended. Suspecting that person carrying a contraband in the bag, an option was given to him to get himself searched in the presence of a Gazetted Officer or a Magistrate. The person apprehended, reposed trust in Rama Shankar, Assistant Sub Inspector and disclosed his name as Kaka Singh son of Faquir Singh. From his search, 3.5 Kgs. of poppy husk was recovered.