NACHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Nachattar Singh has directed the present appeal against the judgment and order dated 9.6.2012 passed by Shri Ashok Paul Batra, Judge, Special Court, Sangrur vide which accused/appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( in short- the NDPS Act ) and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month.

(2.) The brief facts of the prosecution case are that police party headed by ASI Dharambir Singh along with other police officials was on patrol duty and were going towards village Makorar Sahib. As the police party was 50 yards behind the drain bridge of village, Makorar Sahib suddenly Darshan Singh came there and he was talking with the ASI, in the meantime at about 9.30a.m., a person was found coming on the berm of drain, carrying a plastic bag on his head, who on seeing the police party baffled and tried to retreat. ASI- Dharambir Singh got suspicious about him and with the help of co-officials nabbed him, who on inquiry revealed his name, parentage and address. The investigating officer introduced himself and told him that he was suspecting some contraband in the bags which was placed upon his head and offered him for search either before a Gazetted Officer or Magistrate but he reposed confidence in him and allowed him to search the bag. The investigating officer after recording consent memo of appellant-Nachhatar Singh, searched the bag and on search of the bag, he found poppy husk. Two samples weighing 250-250 grams each and the remaining opium weighing 9Kgs.500grams were sealed separately. The accused was arrested. Statements of the prosecution witnesses were recorded. After completion of necessary investigation challan against the accused was presented in the Court for trial of the accused.

(3.) On appearance of the accused copies as relied upon by the prosecution were supplied to the accused. Charge under Section 15 of the Act was framed against the accused, who pleaded not guilty and claimed trial.