LAWS(P&H)-2002-12-98

JASBIR KAUR Vs. THE STATE OF PUNJAB

Decided On December 04, 2002
JASBIR KAUR Appellant
V/S
The State Of Punjab Respondents

JUDGEMENT

(1.) Jasbir Kaur alias Faujan wife of Krishan Singh is the appellant in this appeal who stands convicted under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the Narcotic Drugs And Psychotropic Substances Act) vide the impugned judgment dated 6.7.2000 passed by the Special Judge, Hoshiarpur. She has been sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 1 lac and in default, to further undergo R.I. for six months.

(2.) In brief, the case of the prosecution is that on 18.2.1997, a police party headed by S.I. Kulwant Single was present at the Old Bus-Stand, Mahilpur on patrol duty when a secret information was, received against the appellant that she was keeping poppy husk in her house and was selling the same and in case a raid is conducted, the contraband could be recovered. After the receipt of the secret information, S.I. Kulwant Singh joined one Harjit Singh as an independent witness and the D.S.P. was also called at the spot. Ruqa was sent for registration of the formal F.I.R. It is then the case of the prosecution that when the police party reached the house of the appellant, she was not found there and 5 bags of poppy husk were recovered from the western corner of the house of the accused which were weighed and each bag was found to contain 30 kilograms of poppy husk. The samples according to rules were drawn. The other formalities were also completed.

(3.) The appellant was charged under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act. On a consideration of the entire evidence, the appellant was convicted and sentenced as indicated above. Aggrieved against the impugned judgment of his conviction, she has preferred the present appeal.