KARNAIL SINGH @ MAHI @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On account of the recovery of 35 kgs. of poppy husk without any permit or licence, the accused-appellant (herein referred as 'the accused) was prosecuted for the offence under Section 15 of the N.D.P.S. Act and was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of 2 years.

(2.) In brief, the facts are that on 19.05.1997, ASI Karam Singh alongwith other police officials was present in Sahejpura Chowk, Samana where he met Hazura Singh, Lambardar, to whom he joined. In the meantime, Karnail Singh accused, while keeping a gunny bag tied on the pillion of his scooter bearing registration No. PAP-1704 arrived there. On seeing the police party, he became perplexed and tried to slip away. ASI Karam Singh apprehended him with the help of other police officials. Suspecting contraband articles in violation of the provisions of Narcotic Drugs & Psychotropic Substances Act (in short 'the Act'), he called DSP Pritpal Singh Thind, who alongwith ASI Karam Singh gave option to the accused whether he wanted to get himself searched before DSP or the Magistrage to which the accused reposed confidence in DSP Pritpal Singh Thind. His statement Ex.PC in this respect was recorded. On the instructions of DSP, ASI Karam Singh searched the bag, carried by the accused, which was found to contain poppy husk powder. After drawing two samples of 250 grams each, the residue poppy husk powder on weighment came to be 34.500 kgs. which was again put in the same bag Ex.P1. Samples and the gunny bag Ex.P1 were sealed with the seal bearing impression "KS" belonging to ASI Karam Singh and "PPS" belonging to DSP Pritpal Singh Thind. Sample seal impression Ex.PD was also prepared. The seal after use was handed over to Hazura Singh, Lambardar. The case property as well as the scooter bearing registration No. PAP-1704 were taken into possession vide memo Ex.PE. ASI Karam Singh sent ruqa Ex.PF to the police station on the basis of which formal FIR Ex.PF/1 was recorded by ASI Malkeet Singh. ASI Karam Singh prepared the rough site plan of the place of occurrence Ex.PG, took into possession the registration certificate of the scooter vide memo Ex.PH and recorded the statements of the witnesses. He produced the accused alongwith case property before SHO SI Jassa Singh, who after verifying the facts, directed ASI Karam Singh to deposit the case property with MHC Mewa Singh and produced the same alongwith the case property before Ilaqa Magistrate, Samana.

(3.) The Special Judge framed the charge under Section 15 of the Act against the accused to which he pleaded not guilty and claimed trial.