JAGDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by the accused-Appellant Jagdeep Kumar against the judgment dated 12.11.2010 passed by Ramesh Kumari, Judge, Special Court, Faridkot vide which the accused has been convicted for having been found in possession of 10-1/2 kgs of Poppy husk without any license.

(2.) Briefly stated, the case of prosecution is that on 02.09.2007 ASI Gurmeet Singh along with HC Nirmal Singh, HC Hardip Kumar and other officials was going in government vehicle driven by PHG Tejbinder Singh from village Nathewala Nawan towards village Bir Sikhanwala and when they reached bus stop Nathewala, Gurmit Singh s/o Jarnail Singh r/o Nanaksar Basti, Ferozepur Road, Faridkot met the police party and he was joined to the police party. The police party reached on drain bridge in the area of village Nathewala Nawan, one person was seen coming from the opposite side on scooter bearing No. PB-04-B-5209, who on seeing the police party tried to turn back the scooter, but the scooter slipped and he fell down. He was apprehended by ASI Gurmit Singh and upon asking, he told his name as Jagdip Kumar alias Goga s/o Ramji Dass, r/o Street No. 2, Balbir Basti, Faridkot. One plastic bag was lying on the scooter near the feet of the accused which fell on the ground due to falling of scooter. As the mouth of said plastic bag was open, some of the poppy husk spread on the road. ASI Gurmit Singh disclosed his identity to the accused and told him that he had suspicion that he was carrying some intoxicant in the plastic bag and he wanted to conduct the search and he had a legal right to get the search conducted in the presence of a Magistrate or Gazetted Officer. The accused gave his consent that he has full faith in the ASI. The plastic bag was searched which led to the recovery of poppy husk. Two samples of 250 gms each were taken out and the remaining poppy husk was found to be 10 kgs. The said samples and case property were sealed by the ASI Gurmit Singh with his seal bearing letters 'G.S'. The scooter, samples and the poppy husk were taken into possession vide separate memos. From the personal search of the accused, 60/-were recovered and taken into possession vide separate memos. Ruqa was sent on the basis of which formal FIR was recorded. On reaching the police station, the case property was produced before SHO SI Gurcharan Singh who affixed his seal. The sample was sent for analysis.

(3.) After completion of investigation, challan was presented. Documents as envisaged under Section 207 Cr.P.C were supplied to the accused.