SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Custody certificate taken on record.

(2.) This appeal has been filed against the conviction and sentence of the appellant under Section 15 of the NDPS Act where the recovery was 15 Kilograms and 100 grams of poppy husk and the sentence awarded was three months.

(3.) The brief facts of the prosecution case are that on 06.02.2010, SI Mohinder Singh along with other police officials was patrolling the area on a Govt. vehicle and was going from Sardulgarh towards Jhanda Kalan, Ahlupur,Dhingna and when the police party reached the gate of village Jhanda Kalan, accused-appellant was seen coming on a motor cycle having one plastic bag and on seeing the police party he tried to retreat and in this process his motor cycle and the plastic bag fell on the ground. The accusedappellant tried to run away while leaving the motor cycle and the plastic bag but was overpowered and caught hold of. On enquiry he disclosed his whereabouts. There was poppy husk in the bag some of which had scattered on the ground. On weighing it came to be 15 Kilograms and 100 grams. After completing the usual formalities, challan was presented in the Court. Accused was tried and convicted as stated above.