KULWANT SINGH @ KANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by Kulwant Singh @ Kanta Singh against the judgment dated 18.1.2011 passed by Sh. Kamaljit Lamba, Judge Special Court, Sangrur, vide which the Appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred to as "the NDPS Act"), for having been found in possession of 10 kgs of poppy husk.

(2.) BRIEFLY stated, the case of the prosecution is that on 24.9.2005, police party headed by ASI Darshan Singh was on patrolling and when it reached near the Kacha minor bridge within the vicinity of village, Banarsi, a person was seen coming from front side, who disclosed his name as Harbans Lal s/o Ram Dial and when ASI Darshan Singh was talking with him, at about 12.30 P.M., from village, Padarath, a person was seen coming on kacha path carrying a plastic bag on his head and on seeing the police party he got perplexed and tried to retreat and on the basis of suspicion, he was apprehended and his whereabouts were enquired. Suspecting that there was something intoxicant in the bag carried by the accused, ASI Darshan Singh asked for the search of the bag by apprising the accused about his legal right to get the said bag searched in the presence of a Magistrate or a Gazetted Officer. However, on reposing faith in ASI Darshan Singh, the bag was searched and contraband in the form of poppy husk was recovered. Two parcels of sample of poppy husk weighing 250 gms were separated and remaining on weighment was found to be 9 kgs 500 gms. On receipt of the report of the Chemical Examiner, challan was presented.

(3.) THE prosecution in order to bring home guilt of the accused, examined PW -1 HC Harjoginder Singh, PW -2 HC Malkiat Singh, PW -3 ASI Darshan Singh, PW -4 Suresh Kumar Nazir, PW -5 ASI Sukhdev Singh, PW -6 Dara Singh Assistant Nazir, PW -7 Inspector Devinder Singh and closed the prosecution evidence.