BANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the conviction and sentence of the ap,Pedant under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'). The appellant has been sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 5000.00 and in default of payment of fine, to further undergo rigorous imprisonment for nine months.

(2.) The case of the prosecution is that on 15.3.2000, SI Balbir Singh along with HC Harchand Singh, Cl Santokh Singh, PHG Nirmal Singh reached in the area of village Abbupura for patrol duty. One Chand Singh son of Asha Singh, resident of village Salempura was joined in the police party and while proceeding towards village Parjian, Biharipur, they reached near the culvert of the drain of Budha river, the accused was seen coming towards them. He was carrying a plastic bag over his head and on seeing the police vehicle, he immediately turned back. On suspicion, he was apprehended. SI Balbir Singh told the accused that he could opt for being searched before a Gazetted Officer or a Magistrate and in reply thereto, he made a statement that he wanted to be searched by the Sub Inspector himself. Accordingly, SI Balbir Singh conducted the search of the plastic bag, which was found to be containing poppy husk. Two samples of 250 grams each were separated and the residue, on weighment, was found t be 19 kgs. 500 grams. Both the sample parcels and the residue were sealed with seal 'BS' and were taken into possession. Rukka Ex.PD was sent to the police station, on the basis of which FIR Ex.PD/1 was recorded. The accused was arrested and the case property was deposited with the MHC.

(3.) In support of its case, the prosecution inter alia examined PW-2 SI Balbir Singh, PW-3 HC Harchand Singh, apart from PW-1 Chamkaur Singh, PW-4 Inspector Ravinder Pal Singh, PW-5 constable Lal Chand.