SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Sohan Singh has directed the present appeal against the judgment and order dated 1.8.2012 passed by Shri Hemant Gopal, Judge, Special Court, Sri Muktsar Sahib 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 six months and to pay a fine of Rs.2000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of fifteen days.

(2.) The brief facts of the prosecution case are that on 9.5.2007 police party headed by SI Partap Singh along with other police officials was on patrol duty in a Government vehicle and were going from village Khane Ki Dhab to village Lakkarwala and when the police party reached near the bridge of canal minor in the area of village Khanne Ki Dhab then one person carrying a plastic bag on his head was seen coming from the side of village Khanne Ki Dhab and on seeing the police party, he tried to retreat but on suspicion the investigating officer after stopping the vehicle and with the help of other police officials nabbed him, who on inquiry revealed his name, parentage and address. The investigating officer introduced himself and told him that he was suspecting some contraband in the bags which was placed upon his head and offered him for search either before a Gazetted Officer or Magistrate but he reposed confidence in him and allowed him to search the bag. The investigating officer after recording consent memo of appellant- Sohan Singh, searched the bag. On search of the bag, he found poppy husk. Sample weighing 250 grams and the remaining opium weighing 6Kgs.750grams were sealed in a separate parcels. The accused was 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.