DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by Davinder Singh, who was nominated as an accused in case FIR No.52 of 11.09.2000, registered at Police Station Mullepur, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the "NDPS Act"). The learned Trial Court vide the impugned judgment dated 15.04.2003 found the appellant guilty of offence under Section 15 of NDPS Act and vide the order of even date, sentenced him to undergo RI for two years and to pay a fine of Rs.2000/-, in default whereof, he was to undergo further RI for twpo months.

(2.) In the present appeal, challenge is to conviction pronounced and sentence awarded by the learned Trial Court upon the appellant Davinder Singh.

(3.) Brief facts as culled out from the record of the case are, that ASI Sadha Singh along with other police officials was going in a private vehicle in connection with patrolling and checking ofsuspicious elements and were present on the bridge of Bhakra Canal within the limit of Village Ucha Reona and accused was seen coming on foot from the direction on Bus Stand Rajindergarh carrying a blue coloured bag on his right shoulder. On the basis of suspicion, he was apprehended. On the consent of the accused for search before a gazetted officer, DSP Charanjit Singh on being called through wireless message, reached at the spot. Thereafter, on the direction of the DSP, searched the bag of the accused which led to the recovery of 10 kgs of poppy husk. Two samples weighing 250 grams each poppy husk was separated. Samples and remaining poppy husk were sealed separately and taken into possession. Ruqa Ex.PD was sent to the police station, on the basis of which, formal FIR Ex.PD/1 was recorded. Rough site plan was prepared. Thereafter, challan was presented in Court. Finding a prima facie case against the appellant, he was charge-sheeted to which he pleaded not guilty and claimed trial.