KAILO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dtd. 5/9/2005 passed by the learned Judge, Special Court, Sangrur, vide which the appellant has been convicted under Sec. 15 of the Narcotics Drugs and Psychotropic Substances Act , 1985 (for short, 'the Act') and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000.00, in default whereof to further undergo rigorous imprisonment for a period of one year. It was further directed that the period of detention already undergone by the appellant during the course of trial, shall be set-off against the substantive sentence imposed upon her.

(2.) The brief facts of the instant case are to the effect that on 6/9/2004, SI Jagjit Singh alongwith ASI Darshan Singh and fellow police officials were patrolling in a Government vehicle baring registration No.PB- 13-L-7209 and were present near the power house on the bridge of canal. Binder Singh son of Bhagwant Singh met them and he was joined in the 05 police party. At about 6.00 p.m., the police party reached near the bridge of the canal minor in the area of village Uppali and the appellant was spotted near the edge of the bridge having two heavy bags with open mouth and a plastic tumbler of one litre capacity lying near her. On seeing the police party, the appellant tried to slip away and with the striking of her legs, both the bags spilled on the ground. The vehicle was stopped and with the help of LHC Sukhwant Kaur, the appellant was apprehended and her identity was verified. The bags were checked and the same were found to be containing poppy husk. Serial No.1 & 2 was marked on both the bags. Two samples of 250 grams each were separated from each bag. In each bag, the remaining poppy husk weighed 24 Kgs. 500 grams including the plastic bags. All the four samples and bulk parcels were sealed with the seal bearing impression 'JS'. Specimen seal was prepared and seal after use was handed over to ASI Darshan Singh. The incriminating articles were taken into possession vide separate recovery memo. Ruqa was recorded and dispatched to the police station, on the basis whereof the formal FIR was registered. Personal search of the appellant was got conducted through LHC Sukhwant Kaur. On reaching the police station, the appellant, witnesses and the case property were produced before Inspector Harjinder Pal Singh, Officer Incharge of the Police Station, who verified the facts of the case and put his counter seal bearing impression 'HPS' on the sample parcels and the specimen seal.

(3.) On completion of the investigation, challan was presented in the Court. A prima-facie case under Sec. 15 of the Act was made out to which the appellant pleaded not guilty and claimed trial.