SUKHDEV SINGH @ SUKHA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Sole accused Sukhdev Singh @ Sukha was convicted under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act') and was sentenced to undergo 6 months R.I. and to pay a fine of Rs. 1000.00 and in default to undergo a further period of 1 month R.I. He has challenged the judgement of conviction and order of sentence passed by the trial Court.

(2.) The brief case of the prosecution is that PW5 ASI Manjit Singh who proceeded along with PW1 HC Malkit Singh and other police officials found the accused carrying a plastic bag on his shoulder in the area of village Gill Kothe Sehna at about 2.30 p.m. on 30.5.2010. As per the choice and preference of the accused, PW5 himself searched the plastic bag carried by the accused. 5 kgs. of poppy husk was recovered from the plastic bag. Two samples of 250 gms. each were drawn from the bulk quantity. The sample as well as the bulk quantity was separately parceled and sealed. The accused was arrested. He was brought alongwith the case property to the police station. Based on the ruqqa sent by PW5, a formal FIR was registered. The sample was sent for examination. The chemical examiner returned a report that the sample sent for examination was nothing but poppy husk.

(3.) I heard the submissions made by learned counsel appearing for the appellant as well the learned AAG, Punjab appearing for the State.