PALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Pala Singh appellant-accused (herein referred as 'the accused') was prosecuted for the offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein referred as 'the Act') for getting in his possession 56 kgs. of the poppy husk without any permit or licence and ultimately vide judgment dated 12.3.2005, Special Judge, Bathinda, convicted and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- for the aforesaid offence. Case property including the moped bearing registration No. PB-04-C-1940 were also ordered to be confiscated to the State.

(2.) On 09.10.2003, PW3 ASI Mohari Lal (herein referred as 'the Investigating Officer') alongwith other police officials was on patrolling in the area of Rampura on the road leading to village Rampura. The accused was seen coming on a moped bearing registration No. PB-04-C-1940. He, on seeing the police party, tried to take a turn. On suspicion, he was apprehended. After associating Babu Singh, a member Panchayat, the accused was given option of search from a Gazetted Officer or a Magistrate vide memo Ex.PC then in the presence of DSP Balbir Singh Khera, the accused was searched whereupon two bags of poppy husk were recovered from the moped. After drawing two samples of 25 grams each from each bag, the same were converted into parcels. On weighment, bags were found containing 28 kgs and 28.500 kgs of poppy husk respectively. Same were converted into parcels. All the parcels were sealed with the seal bearing impression "ML". Sample seal, so prepared, after use was handed over to ASI Baldev Singh. The investigating Officer took the sample parcels, the bags as well as the moped into possession vide memo Ex.PB and sent the ruqa Ex.PE to the police station on the basis of which FIR Ex.PE/1 was registered. On return to the police station, the accused alongwith case property was produced before Station House Officer Gurjit Singh, who after verifying the case property, sealed the same with the seal bearing impression "GS". He also prepared the inventory Ex.PJ and placed the same before Ilaqa Maghistrate on 10.10.2003 who also identified the case property. Completion of investigation was followed by a report under Section 173 Cr.P.C.

(3.) The accused was charged for the aforesaid offence to which he pleaded not guilty and opted to contest.