BIRLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON the request of learned counsel for the appellant, main appeal which was admitted is taken up for final disposal as counsel for the appellant does not challenge the conviction recorded by the trial Judge. Learned State Counsel has filed the custody certificate in Court today and the same is taken on record.

(2.) PETITIONER was tried of the offence under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred as 'the Act') for possessing 4 kgs. 250 gms. of poppy -husk without permit on 25.12.2008. The appellant was spotted while the Police party was going on the road for patrolling. The poppy -husk was contained in a plastic bag. After complying with various mandatory requirements sample was separated and these parcels were duly sealed.

(3.) THE charge was framed by the trial Judge and 6 witnesses were examined by the prosecution. There was simple denial by the appellant to all the incriminating circumstances appearing in the evidence.