GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurcharan Singh, preferred this appeal to challenge the judgment of conviction and order of sentence dated 5.2.2010, rendered by the learned Special Judge, Ferozepur, in Sessions Case No. 73 of 18.8.2005/23.1.2009, arising out of FIR No. 59 dated 8.6.2005, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'the Act') at Police Station Khui Khera.

(2.) By the said judgment, he was convicted under Section 15 of the Act and sentenced to undergo Rigorous Imprisonment for a period of 3 years and to pay a fine of Rs. 15,000/- and in default of payment to further undergo Rigorous Imprisonment for a period for nine months.

(3.) Prosecution story, in brief, is that on 8.6.2005, Sub Inspector Jagroop Singh, while on patrol duty was present on the berm of the Gang Canal towards Azamwala. When the police party was present near the Bhairon temple adjacent to the fields of Raja Singh then sighted the accused while sitting on a gunny bag. On seeing the police party accused ran away towards the side of village Azamwala but he was apprehended. On enquiry, accused had disclosed his name as Gurcharan Singh. Investigating Officer suspected some intoxicant in the gunny bag. Offer was given to the accused as to whether he wanted to be searched before any Gazetted Officer or any Magistrate but the accused had reposed faith in the Investigating Officer. Consent memo Ex. P1 was prepared which was thumb marked by the accused and attested by the witnesses. In the meantime, Mohinder Singh came at the spot and joined by the police party. On search of the gunny bag the same was found containing poppy husk. Two samples each weighing 250 grams were separated to serve as sample and the remaining poppy husk on weighment was found to be 34 Kgs 500 grams. Samples and the remaining poppy husk in the same bag were sealed by the Investigating Officer with the seal bearing impression 'JS'. Seal impression of the seal used was also prepared separately. Case property was taken into police possession vide memo attested by the witnesses. On return to the police station case property was kept by the Investigating Officer with him. On the next day Investigating Officer had produced the case property alongwith the Appellant before the Illaqa Magistrate. One sample weighing 250 grams was separated from the gunny bag when produced in Court. Sample was sealed by the seal of the Investigating Officer bearing impression 'JS'. One sample parcel was deposited in the office of the Chemical Examiner and as per report of the Chemical Examiner, the contents of the sample were found to be of poppy husk. After completion of investigation challan was presented in the Court.