KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KARNAIL Singh son of Joginder Singh, the appellant herein, stands convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act"), vide impugned judgment dated 6.7.1990 passed by the learned Additional Sessions Judge, Kapurthala 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 one year. Aggrieved by the impugned judgment, he has preferred the present appeal.

(2.) IN short, the case of the prosecution is that on 2.5.1988, Inspector Hoshiar Singh PW2 along with SI Lekh Raj, Head Constable Balkar Singh and other police officials was going from Sultanpur Lodhi to village Sechan. Gurbachan Singh PW (given up having been won over) was also joined and then a raid was conducted in the house of the present appellant. The appellant was arrested and interrogated in which he gave a disclosure statement that he had concealed six bags of poppy husk in the 'khola' of his old house and get the same recovered. Accordingly, his disclosure statement Ex. PA was recorded which was attested by SI Lekh Raj PW1 and Gurbachan Singh PW2 and thereafter he allegedly got recovered six bags of poppy husk in pursuance of his disclosure statement. Each bag was containing 40 kgs. poppy husk. 250 grams poppy husk was taken out and the remaining poppy husk were put into separate parcels, duly sealed and were taken into possession vide recovery memo Ex. PB. A ruqa Ex. PC was sent to the Police Station for registration of the case, on the basis of which formal FIR Ex. PC/1 was recorded in Police Station, Sultanpur Lodhi under Section 15 of the Act. After completion of investigation, the appellant was challaned in the present case. A charge under Section 15 of the Act was framed against the appellant by the trial Court.

(3.) THE appellant denied all the allegations alleged against him and claimed that he has been falsely implicated in this case on the ground that his relative Shamsher Singh was in fact killed in a false encounter by the C.R.P.F. and he was pursuing the case of Shamsher Singh and on that count he was falsely implicated in this case. He also produced Balkar Singh of Village Toti to strengthen his defence as DW1. One Jiwan Dass of postal department of Sultanpur Lodhi was also produced as DW2, who produced Ex. DA, the telegram dated 12.4.1988. Gurbachan Singh, Mukhtiar Singh and Balbir Singh Head Constable were also produced as DW3, DW4 and DW5 respectively to the effect that Shamsher Singh was killed by C.R.P.F. in village Latianwala and that Karnial Singh was pursuing his case. In this respect, one application Ex. D3 (duly proved by Balbir Singh, Head Constable DW5) sent to the Senior Superintendent of Police, Kapurthala was also proved. The telegrams Ex. D4 and Ex. D5 were also adduced in defence by the appellant in this regard.