MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed by Mukhtiar Singh resident of village Jaullian Police Station Bhawanigarh, District Sangrur who was named as an accused in case FIR No. 73 dated 6.6.1996 registered at Police Station Bhawanigarh under Section 15 of NDPS Act.

(2.) Case of the prosecution is that 15 kgs. of poppy husk was recovered from the appellant. The Court of Judge, Special Court, Sangrur found appellant guilty of offence under Section 15 of NDPS Act and sentenced him to undergo RI for 10 years and pay a fine of Rs. 1 lac and in default of payment of fine, to further undergo RI for 2 years.

(3.) Briefly stated case of the prosecution is that ASI Pritam Singh, along with other police officials, was present on 6.6.1996 at 'T' point of Kakra Bridge. At that time, one Hakam Singh arrived there. He was associated with the police party. Accused appellant was seen coming from opposite side carrying a bag on his head. Seeing the police party, accused appellant made an attempt to escape. He was apprehended. ASI Pritam Singh in terms of Section 50 of the NDPS Act made an offer to him to get himself searched either from a Gazetted Officer or a Magistrate. The accused appellant reposed trust in ASI Pritam Singh. A consent memo Ex.PA was prepared. Search was conducted. 15 kg. of poppy husk was recovered from the aforesaid bag. -