JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred against the conviction and sentence of the appellant 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 ten years and to pay a fine of Rs. one lac and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) The case of the prosecution is that on 19.5.1994, SI Ashok Mohan along with ASI Lachhman Dass, HC Bogha Singh and other police officials was going in a Government vehicle from village Bhamabadi to village Ubhawal for patrol duty. In the way, Panch Randhir Singh of village Ubhawal met them and when SI Ashok Mohan was talking with him, accused Joginder Singh came from the side of village Ubhawal and on seeing the police party, he tried to retreat. On suspicion, the accused was apprehended and SI Ashok Mohan told him that he could opt for bag over his head being searched before a Gazetted Officer or a Magistrate and in reply thereto, he made a statement that he wanted to be searched by some higher officer. Accordingly, DSP Tulsi Ram was called at the spot and in his presence, search of the gunny bag was conducted and poppy husk was recovered. Two samples of 250 grams each were separated and the residue on weighment was found to be 30 kilograms. Both the sample parcels and the residue were sealed with seal 'AM' and were taken into possession. Rukka Ex.PC was sent to the Police Station, on the basis of which FIR Ex.PC/1 was recorded. The accused was arrested and the case property was deposited with the HMC.

(3.) In support of its case, the prosecution inter alia examined PW-1 SI Ashok Mohan, PW-2 DSP Tulsi Ram, apart from PW-4 ASI Lachhman Dass. Constable Ram Pal and MHC Baljit Singh have placed on record their affidavits Ex.PE and Ex.PF. Report of the Chemical Examiner Ex.PG was also produced in evidence.