BANKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Banka Singh appellant was tried in a case arising out of the FIR No.71 dated 10.5.1999, registered at Police Station Dirba, under Section 15 of the NDPS Act, 1985. The Court of Special Judge, Sangrur, vide impugned judgment dated 26.7.2000 held the appellant guilty of offence under Section 15 of the NDPS Act, 1985 and vide a separate order of even date, sentenced the appellant to undergo RI for 10 years and to pay a fine of Rs.1.00 lac and in default of payment of fine, to undergo further RI for one year.

(2.) The prosecution case which emerges against the appellant is that on 10.5.1999 at about 8.15 a.m. in the area of village Khetla, he was found in possession of 25 kilograms of poppy husk without any permit or licence and thereby committed an offence punishable under Section 15 of the NPDS Act, 1985.

(3.) On October 2, 2001, a Notification was issued by the Central Government and classification of 'small quantity', 'non commercial quantity' and 'commercial quantity' was specified. It is not in dispute that 50 kilograms of poppy husk constitutes 'commercial quantity' and quantity less than 1 kilogram constitutes 'small quantity'. Admittedly, the trial of the appellant was concluded before 2.10.2011. However, in the present case, the appeal was filed in this Court on 13.5.2002. On 14.5.2002, a Coordinate Bench had issued notice in the application for condonation of delay. On 16.7.2002, delay was condoned and the appeal was admitted.