TARSEM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed against judgment dated 06.05.2002, passed by the Judge Special Court, Mansa, whereby the appellant has been convicted and sentenced for offence punishable under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ' the Act'), as detailed hereinbelow: <FRM>JUDGEMENT_512_LAWS(P&H)10_2013_1.html</FRM>

(2.) As per the case set up by the prosecution, SI Ram Bhuol, along with police officials, was going from village Jhunir, Makhewala, Chainewala towards village Modda in connection with patrol duty in official vehicle bearing No. PB-03-8526, driven by Surinder Pal No. 3. The accused was noticed by the police party at bridge of canal minor in the area of village Chainewala. On his search, after informing him about his right to be searched before a Gazetted Officer or Magistrate, poppy husk weighing 40 kg. was recovered from the bag being carried by the accused on his head. A sample of 100 grams was separated. The sample and bulk was separately sealed with seal bearing description 'B'. Separate sample seal was prepared. The case property was taken in police possession, vide recovery memo prepared at the spot. Ruqa was sent to the Police Station, which led to registration of formal FIR. On return to the Police Station, the accused and the case property was produced before SHO, Police Station Jhunir for verification. On receipt of report of Laboratory and completion of other necessary formalities, challan was presented in the Court for commencement of trial.

(3.) The learned trial Court, after appreciating evidence adduced by the prosecution and plea of the accused in his statement under Section 313 of the Code that he has been falsely implicated in the case, held against the accused with the finding that the prosecution has successfully proved the guilt of the accused for the offence charged against him and he was accordingly sentenced as extracted hereinabove.