MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MAKHAN Singh son of Gulab Singh the appellant herein stands convicted by learned Additional Sessions Judge, Ludhiana vide impugned judgment dated 19.1.1990 under section 15 of the Narcotic Drugs and Psychotropic Substances Act 1985 (for short to be referred as the Act) 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 six months.

(2.) BRIEFLY the case of the prosecution is that on 1.2.1989, ASI Shiv Dayal Singh PW2 who was posted at Police Station Saddar, Ludhiana alongwith other police officials was present in connection with routine patrolling duty when he received secret information against the appellant and believing the same to be true a ruqa was sent for the registration of the formal FIR and consequently the formal FIR Ex. PA/1 was recorded in Police Station Saddar Ludhiana. The police party then reached the hut of the appellant in his village and he was found present there. He was throughly interrogated. The case of the prosecution further is that the appellant suffered disclosure statement that he had kept concealed five bags of contraband poppy husk underneath the heap of dry fodder on the right side of his hut and that he could get the same recovered. The disclosure statement was reduced into writing and pursuant to the said disclosure statement he led the police party to the place of concealment and got recovered five bags. One sample each weighing 250 grams of poppy husk was separated from each bag and the remaining contents were then weighed. Each bag was containing 35 kgs of poppy husk. Other legal formalities were also done at the spot. The case property was taken into possession vide recovery memo and the same was then deposited with SHO of the concerned Police Station in compliance of section 55 of the Act. The SHO had also put his seal bearing letters KSS alongwith other seal impression of ASI Shiv Dayal bearing letters SD already put at the spot. As per the Chemical Examiners report Ex. PF, sample was shown containing poppy heads. After the completion of the investigation, the appellant was challaned in this case. He was charged under section 15 of the Act by the learned trial Court.

(3.) I have heard Mr. A.S. Kalra, learned counsel for the appellant and Mr. G.S. Hooda, learned Assistant Advocate General, Punjab. With their assistance I have also gone through the entire record.