KESAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 5.8.2004 passed by Judge, Special Court, Patiala vide which accused was convicted for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay a fine of '2,500/- and in default thereof to further undergo rigorous imprisonment for three months.

(2.) The accused - convict - Kesar Singh, who is appellant before this Court prays, that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly summed up, the prosecution story is that on 7.9.2001, a police party from Police Station Patran headed by ASI Kuljit Singh was present near Smadh of Peer Baba in the area of village Deogarh; an independent witness, namely, Punjab Singh had also been associated with that police party; accused Kesar Singh carrying a gunny bag on his head was spotted coming, who on seeing the police party turned towards his left hand side but he was apprehended on the basis of suspicion; the bag being carried by the accused on his head was searched as per law and it was found to contain poppy-husk; two samples of 250 gms. each were drawn therefrom and remaining poppy-husk came to be weighing 29 1/2 kgs.; the samples and the bag containing remaining poppy husk were converted into parcels, sealed with the seal of ASI Kuljit Singh having inscription 'KS' and those were taken into possession vide recovery memo. Ruqa was sent to the police station on the basis of which formal FIR was recorded. The case property was taken into possession. Accused was formally arrested in this case. The site plan of the place of recovery was prepared. Statements of witnesses were recorded. On return to the police station, the case property, PWs and accused were produced before SHO Amarjit Singh, who after verifying factum of recovery put his own seal having impressions 'AS' on the case property and sample seal chit Ex.P1. On the next day, the case property was produced before the Illaqa Magistrate. The sample was sent to the Chemical Examiner from where report Ex.PK was received and it was of Churra poppy heads. After completion of investigation and on receipt of report of Chemical Examiner, challan against the accused was presented.