GAMDOOR SINGH ALIAS GOGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred by Gamdoor Singh, who was nominated as an accused in case FIR No.30 of 25.03.2001, registered at Police Station Sadar Bathinda, 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 03.04.2003 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 nine months and to pay a fine of Rs.1000/-, in default whereof, he was to undergo further RI for 15 days.

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

(3.) Brief facts as culled out from the record of the case are, that on 25.03.2001 Des Raj, SHO, PS Kotwali Bathinda along with other police officials was present at Bus-stand, Jassi Pau-Wali in connection with patrolling and checking. PW Dev Singh met the police party and he was joined with the police party. When they were going towards Village Jodhpur Romana from Village Jassi Pau-wali and pass 100 Karams, accused was seen coming carrying a gatta plastic at his head from the side of Village Jodhpur Romana. On the basis of suspicion, he was apprehended. On the consent of the accused for search before a gazetted officer, DSP Sohan Singh on being called through wireless message, reached at the spot. Thereafter, on the direction of the DSP, Investigating Officer searched the bag of the accused which led to the recovery of 12 kgs. 250 grams poppy husk was separated as sample. Sample and remaining poppy husk were sealed separately and taken into possession. Personal search memo Ex.PC was prepared. Ruqa Ex.PF was sent to the police station, on the basis of which, formal FIR Ex.PF/1 was recorded. Rough site plan (Ex.PG) was prepared. On the next day, accused and case property were produced before the Ilaqa Magistrate. 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.