NIKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 14.12.2001 passed by the court of learned Judge, Special Court, Jalandhar whereby he convicted and sentenced Niku accused to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1.00 lac 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 three months.

(2.) The factual matrix as projected by the prosecution is that on 17.1.2001 ASI Dev Raj amongst other police officials happened to be present at Bus Stand Dosanj Kalan, where he received secret information that the accused was having huge quantity of poppy husk on the bank of village Aur. On being asked Ashok Bath D.S.P. also came there. Ajaib Singh PW was also joined in the police party. When the raid was conducted at the disclosed place, the accused was spotted sitting on the gunny bags. The aforesaid D.S.P. by introducing himself asked the accused to tell as to whether he wanted to have search of the bags in his presence or the Magistrate. He reposed confidence in him. On search of the five bags their contents were found to be poppy husk. A sample of 250 gms was drawn from each bag and converted into parcel. The residue of each bag when weighed came to 30 Kgs which was also turned into parcels. All these seals were sealed with seal bearing impression AB belonging to D.S.P. who retained the seal with him after its use. The case property including the sample parcels were seized vide recovery memo. The ruqa was sent to the police station where on its basis formal F.I.R. came to be registered. The rough site plan showing the place of recovery was drawn. The accused was arrested. 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 substantiate its allegations, the prosecution examined Constable Paramjit Singh PW-1, D.S.P. Ashok Bath PW-2, ASI Dev Raj PW-3, HC Gurcharan Singh PW-4, Inspector Joga Singh PW-5 and closed evidence by giving up Ajaib Singh PW as having been won over by the accused.