NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 29.3.2007, order of sentence dated 30.3.2007 passed by the Court of learned Special Judge, Moga whereby he convicted and sentenced the accused Nirmal Singh to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac each under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act) and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) The factual score records that on 16.10.2002, Sub Inspector Kirpal Singh amongst other Police Officials was going on Government van bearing Registration No. PB-04C-7206 being driven by Constable Sarabjeet Singh. When the Police party was 1-1/2 kilometers short of village Korewala Kalan, the accused was noticed sitting on the bags lying in a deserted place on the left side of the road. He was apprehended on the basis of suspicion after having stopped the van. Meanwhile, one Karamjit Singh came there. He was associated with the Police party. The accused was offered to have search of the bags in the presence of a Gazetted Officer or a Magistrate. He opted to have their search before a Gazetted Officer. On receipt of message, Nachhatar Singh DSP came at the spot. He also disclosed his identity to the accused. On search, the contents of the bags were found to be poppy straw. Sample of 250 grams poppy straw was drawn from each bag and converted into a parcel. The residue of each bag when weighed, came to 34.750 grams. It was also made into parcels. The case property along with sample parcels was sealed with seals KS and NS and seized vide recovery memo. Ruqa was sent to the Police Station, where on its basis, formal F.I.R. was recorded. The accused was put under arrest. After completion of investigation, the charge- sheet was laid in the Court for trial of the accused.

(3.) The accused was charged under Section 15 of the Act to which he did not plead guilty and claimed trial. In order to bring home guilt against the accused, the prosecution examined PW-1 DSP Nachhatar Singh, PW-2 Kirpal Singh, Investigator, PW-3 HC Pavittar Singh, PW-4 Constable Des Raj, PW-5 ASI Resham Singh, PW-6 MHC Gurmail Singh and closed its evidence.