SUKHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Sukha has directed the present appeal against the judgment and order dated 3.2.2012 passed by Shri J.S.Khushdil, Judge, Special Court, Hoshiarpur 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 two years and to pay a fine of Rs. 30,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The brief facts of the prosecution case are that police party headed by ASI Dilbagh Singh along with other police officials was on patrolling and checking of bad element on private vehicle in the area of Canal Bridge of Pandori Ladha Singh. The police party, in the meanwhile, noticed that two persons coming from the side of village Binjo on two mopeds towards the side bridge canal. On both the mopeds two plastic bags were placed. On seeing the police party they tried to turn back. The investigating officer with the assistance of his fellow officials apprehended them and inquired about their names. One of them disclosed his name as Sukha and the other person disclosed his name as Bhola (since deceased). The investigating officer introduced himself and told them that he was suspecting some contraband in the bags which were placed upon the mopeds and offered them for search either before a Gazetted Officer or Magistrate but both of them reposed confidence in him and allowed him to search the bags. The investigating officer after recording consent memo of appellant Sukha and on search of the bag he found poppy husk. Two samples weighing 250-250 grams each and the remaining opium weighing 19Kgs.500grams were sealed separately. Similarly, the other bags of coaccused-Bhola were also searched and about 15kgs of poppy husk was recovered and a separate case was registered regarding this recovery. The accused were 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.