RACHHPAL SINGH @ PALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by the accused -Appellant Rachhpal Singh @ Pala against the judgment dated 15.12.2010 passed by Ms. Manju Rana, Judge Special Court, Bathinda, vide which the accused has been convicted under Section 15 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter after to be referred to as 'the NDPS Act') and sentence to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/ -. In case of default of payment of fine, the accused was to further undergo rigorous imprisonment for 15 days, for having been found in possession of 8 Kgs of poppy husk.

(2.) BRIEFLY stated, the facts of the case of the prosecution are that on 24.8.2006, ASI Jagraj Singh alongwith the other police officials was on patrol duty towards villages Dhapali, Phule Wala, Ghanda Banna etc. and at village Dhapali, independent witness Parveen Kumar s/o Sarup Chand r/o Bhagla Patti, Phul was joined in the police party. When police party was about 1/2 kilometer behind from village Ghanda Banna, accused was seen coming on foot from the front side, while carrying a gatta plastic on his head, who on seeing the police party tried to retreat and in this process, he fell down along with gatta plastic. On this, mouth of gatta plastic was also opened and some poppy husk scattered on the ground. On suspicion, accused was apprehended at the spot by ASI Jagraj Singh with the help of other police officials. Split poppy husk was collected and again put in the same plastic bag. On checking the plastic bag, poppy husk was recovered. One sample of 100 grams was separated from the recovered poppy husk and residue on weighment came to be 7.900 kgs. Sample parcel and bulk case property were taken into police possession and duly sealed. Ruqa was sent for registration of the case on the basis of which FIR was registered against the accused. Personal search of the accused was conducted for the purpose of jamatalashi. Site plan of place of recovery was prepared. Accused was arrested and statements of witnesses were recorded.

(3.) THE prosecution, in order to bring home the guilt of the accused, examined PW -1 C. Sewa Singh, PW -2 Inspector Devinder Singh, SHO, PW -3 ASI Jagraj Singh, Investigating Officer and closed the prosecution evidence.