RAM AVTAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAM Avtar son of Tula Ram has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and has been sentenced to undergo RI for three years and to pay a fine of Rs. 25,000/-. In default of payment of fine to undergo further RI for one year. Aggrieved by the judgment of conviction and sentence, he has preferred the present appeal.

(2.) THE case of the prosecution in short is that ruqa Ex.PF dated 5.3.2001 sent by ASI Brij Lal PW2 to the concerned police for the registration of the case on the ground that he along with other police constables was going towards village Khwaspur in a private vehicle in order to search certain suspected persons. When the police party reached near Forest Office, Surinder Kumar son of Ram Sarup had also met them and he joined the police party. When the police party reached a little ahead of Forest Office, a person (appellant) was seen coming from the opposite side carrying a gunny bag on his head. After seeing the police party, he made an attempt to move back. He was immediately apprehended. On enquiry he disclosed his name as Ram Avtar son of Tula Ram. A notice under Section 50 of the NDPS Act was given to him which was reduced into writing. For the purposes of conducting the search, DSP Randhir Singh was also called at the spot and thereafter in his presence the search was conducted. 30 kgs. of poppy husk was recovered from his possession. Two samples of 250 gms. each were separated. The other legal formalities were also done at the spot. On the basis of ruqa, formal FIR Ex.PF/1 was recorded at Police Station, Sadar Ropar.

(3.) I have heard Mr. Aseem Rai, learned counsel for the appellant and Mr. Narinder Kapur, learned Assistant Advocate General, Punjab. With their assistance, I have also gone through the entire record minutely.