THE STATE OF PUNJAB Vs. BIKKAR SINGH

JUDGEMENT

(1.) ON 29.6.1987, the accused was arrested by the Police party headed by ASI Major Singh (PWI) in the area of village Jharon while the said Police party was patrolling the area. On search from the small gunny bag being carried by the accused on his head, poppy husk weighing 10 kgs, was recovered for which he could not produce any permit. The investigating officer took the sample out of the contraband in question and the remaining poppy husk was taken into possession vide recovery memo, Ext. PA. Ruqa Ext. PB was sent to the Police Station on the basis of which formal FIR Ext. PB/1 was recorded in the police station. After investigation of the case and arrest of the accused, he was challaned for an offence punishable under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the Act). The challan was presented in the Court of Judicial Magistrate 1st Class, Sangrur where the accused was supplied with the copies of necessary documents and the case was committed to the Court of Session for trial.

(2.) THE trial Court charged the accused for an offence punishable under Section 5 of the Act, to which he pleaded not guilty and claimed trial.

(3.) CHEMICAL Examiner's report Ext. PD was also tendered in evidence alongwith the affidavits of police officials to prove the link evidence. After closure of the prosecution evidence accused when examined under section 313 Cr.P.C. vehemently denied the prosecution allegations and while pleading innocence claimed false implication.