GURMUKH SINGH @ GORKHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment of conviction and sentence dated 16.7.2007 passed by learned Special Judge, Moga, whereby the appellant was held guilty under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to be as the Act) and was sentenced to RI for a period of 12 years and to pay a fine of Rs.1,25,000/ -. In default of payment of fine to undergo further RI for a period of one year, for having in possession five gunny bags each containing 30 kgs. of poppy husk.

(2.) THE brief facts of the case are that on 17.5.2005, SI Sikander Singh (PW5) along with other police personnel was proceedings towards village Firoz wala from Dharamkot and when they reached near Government School, Ami Wala, a secret information from a reliable source was received at about 5.00 a.m. that Gurmukh Singh alias Gorkhi was present on the bridge of canal on the unmetalled path leading from village Amiwala to village Bakar Wala with huge quantity of poppy husk and was waiting for the customers. He could be apprehended with huge quantity of poppy husk if the raid was conducted quickly. Jagjiwan Singh son of Angrej Singh was joined in the police party as a private witness. On the basis of secret information so received, memo (Ex.P9) was prepared and sent to the police station for registration of FIR (Ex.P10). On arrival of the police party at a disclosed place, Gurmukh Singh alias Gorkhi, as identified by H.C. Balkar Singh (PW4) and Constable Pipal Singh, was found present there. On seeing the police party, he took to his heels and could not be apprehended. SI Sikander Singh (PW5) requested DSP Gurjit Singh Romana (PW6) to arrive at the spot. After his arrival, ASI Balwinder Singh (PW2) was also joined in the police party. On the directions of the DSP, five gunny bags lying on the spot were checked by SI Sikander Singh (PW5) and all the gunny bags were found to contain poppy husk. 250 grams of poppy husk was drawn from each gunny bag for a sample to be sent to Chemical Examiner. On weighment, each gunny bag was found to contain 30 kgs. of poppy husk. All the samples and the gunny bags containing residue poppy husk were sealed with the seal bearing impressions SS and GSR of Investigating Officer and Deputy Superintendent of Police, respectively. After use, SI Sikander Singh (PW5) handed over his seal to ASI Balwinder Singh (PW2) while DSP (PW6) retained his own seal. After completing formalities, report under Section 173, Cr. P.C. was presented before the Court.

(3.) IN order to prove its case, the prosecution examined the following witnesses: -