MELLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been directed by Mella Singh against the judgment and order dated 4.12.2000 passed by the Special Judge, Patiala, whereby he was found guilty for keeping in his possession 80 Kgs of Poppy Husk contained in two bags and convicted under Section 15 fo the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. one lac; in default of payment fine he was further sentenced to undergo R.I. for two years.

(2.) BRIEFLY stated, the facts are that on 5.6.1997, S.I. Paramjit Singh along with Jagjiwan Singh, H.C. Chajju Singh and some other officials held Naka at bus adda Chowk, Badshahpur. He received a secret information that the appellant was in the habit of indulging in the sale of poppy husk and if a raid was conducted, poppy husk could be recovered from him. Believing the information to be reliable, SI Paramjit Singh sent ruqa Ex. PC to the police station for registration of the case, on the basis of which formal FIR Ex. PC/1 was recorded by M.H.C. Satnam Singh. Thereafter, the police party proceeded towards village of the appellant. In the way, on the bridge of Boota Singh Wala, Gurdeep Singh Ex-sarpanch met and he was joined in the police party. Then the police party reached the house of the appellant in village Dedhna. The appellant was found present there. SI Paramjit Singh gave him option whether he wanted to get his house searched in the presence of a Gazetted Officer or Magistrate but the appellant declined the offer and expressed confidence in SI Paramjit Singh. His consent statement Ex. PD to that effect was recorded. On interrogation, the appellant disclosed that he had kept concealed and buried two bags each containing 40 Kgs of poppy husk in Chaff in his room about which he only knew and could get the same recovered. His disclosure statement Ex. PE was reduced into writing which was signed by him and attested by the witnesses. Thereafter, in pursuance of his disclosure statement, the appellant got recovered two bags of poppy husk. 250 Gms was taken out as sample from each of the bags. The sample packets and the residues in the gunny bags were separately sealed with the seal of 'PS' and were taken into possession vide memo Ex. PH attested by the witnesses. The residue poppy husk on weighment in each of the two bags was found to be 39 Kgs. 750 Gms. He prepared rough site plan Ex. PJ of the place of recovery. He recorded the statement of the witnesses. Outside the house of the appellant, SI Paramjit Singh produced the case property along with witnesses and the appellant before SI Gobinder Singh who verified the investigation and sealed the case property and affixed his own seal bearing impression 'GS' on the sample as well as residue contained in the gunny bags. After reaching the police station, he deposited the case property which MHC Satnam Singh with the seals intact. After receipt of the report of Chemical Examiner Ex. PK, challan was put up in the Court of Sub Divisional Judicial Magistrate, Samana who committed the case to the Court of Sessions.

(3.) IN order to prove, the allegations, the prosecution examined 6 witnesses.