RAM SARUP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAM Sarup appellant herein stands convicted under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred to as 'the Act') vide judgment dated 13.7.1991 passed by Additional Sessions Judge, Hoshiarpur and has been sentenced to undergo RI for ten years and to pay a fine of Rs. One lac, in default of payment of fine to further undergo RI for three years. Aggrieved by the impugned judgment, he has preferred the present appeal.

(2.) IN short the case of the prosecution is that ASI Ajit Singh PW1 alongwith other police officials was proceeding for patrolling from village Ajnoha towards village Nangal, Thandal, Jalwera, Todarpur and on reaching near the turning of village Todarpur the appellant was seen coming from the side of village Todarpur carrying a gunny bag on his cycle. After seeing the police party he made an attempt to move back but was apprehended on suspicion. ASI Ajit Singh after establishing identity of the appellant apprised him as to whether he wanted to be searched in the presence of a Magistrate or a DSP. The appellant expressed his preference of being searched in the presence of D.S.P. Thereafter Satpal Singh DSP PW3 incidently reached near the place of recovery. The search of the gunny bag was carried out by the prosecution agency leading to the recovery of 40 kgs of poppy husk. A sample of 250 grams was taken out. Sample and the remaining poppy heads were made into separate sealed parcels with the seal bearing letters 'SS'. The gunny bag Ex. P1, cycle Ex. P2 and the sample were taken into possession vide recovery memo Ex. PD and handed over the ASI Ajit Singh for depositing with the Maharrir. On return to police station, Ajit Singh ASI deposited the case property with the seal intact with Ashwani Kumar MHC. On the basis of ruqa Ex.PE sent by ASI Ajit Singh, formal FIR Ex. PE/1 was recorded by Ashwani Kumar MHC. Rough site plan was also prepared at the spot. The samples which were sent to the Chemical Examiner were found to be coarse powder poppy head vide report Ex. PC.

(3.) IN support of its case, the prosecution has produced ASI Ajit Singh as PW1. He has categorically narrated the entire prosecution case. His statement is corroborated by PW2 HC Malkit Singh. DSP Satpal Singh has been produced as PW3. His evidence is to the effect that he reached at the place of recovery when the appellant was apprehended by the police party and that ASI Ajit Singh had searched the gunny bag in his presence. He also talks of the taking of the sample and other formalities done at the spot including sealing of the parcels with his seal bearing seal 'SS'.