HARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and the order of sentence, dated 14.11.2000, whereby the appellant was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (in short, 'NDPS Act'), for having in possession 148 kilograms of poppy husk without any permit or licence; and sentenced to undergo rigorous imprisonment for 10 years besides payment of fine of ' 1,00,000/-. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for one year.

(2.) The brief facts of the case are that on 09.6.1996, ASI Kundha Singh (PW1) along with other police officials were going in a police vehicle from Village Noorpur Hakima to Village Mussewala. In the way, the police party saw that the appellant, Harnam Singh, was sitting on the gunny bags in the area of Village Noorpur Hakima. After alighting from the vehicle, ASI Kundha Singh (PW1), suspected some intoxicant in the gunny bags, on which the appellant was sitting. Therefore, ASI Kundha Singh (PW1) apprised the appellant of the fact that the search of the bags was to be conducted and if so desired by him the presence of a Gazetted Officer or a Magistrate could be secured.

(3.) The charge under Section 15 of the NDPS Act was framed against the appellant to which, he pleaded not guilty and claimed trial.