BIRO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, is that, on 14.2.2008, a police party headed by SI Raj Kumar (PW3) was present near the bridge drain of village Kaleran. A lady, carrying one plastic bag on her head, was seen coming from the eastern side. She was apprehended on the basis of suspicion. In the wake of search, 20 Kgs. of poppy husk was recovered from her possession, without any permit or licence. On the basis of recovery of indicated poppy husk, a criminal case was registered against appellant-convict Biro w/o Harbans, vide FIR No.20 dated 14.2.2008, on accusation of having committed an offence punishable under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act") by the police of Police Station Banga, District Shaheed Bhagat Singh Nagar.

(2.) After completion of the investigation, the police submitted the final police report (challan) against the appellant-convict.

(3.) The prosecution, in order to substantiate the charge framed against the appellant-convict, examined PW1 ASI Surinder Kumar, who has proved the recovery of poppy husk from the possession of the appellant-convict. PW2 HC Jarnail Singh handed over the case property along with specimen seal impression and Form No.29 to the Investigating Officer. PW3 Inspector Raj Kumar, who is the I.O. and star witness of the prosecution, also proved the recovery of poppy husk from the possession of the appellant-convict. PW4 HC Harjit Singh, who is a formal witness, deposited the case property in the office of Chemical Examiner and PW5 is Inspector Hardeep Singh, before whom, the accused and case property were produced. Instead of reproducing the entire statements and in order to avoid the repetition (particularly when the learned counsel has not challenged the conviction of the appellant-convict), suffice it to say that all the prosecution witnesses have duly corroborated its version on all vital counts. The prosecution has also placed reliance on consent memo (Ex.PA), sample seal (Ex.PB), Form No.29 (Ex.PC), recovery memo (Ex.PD), Ruqqa (Ex.PE), FIR (Ex.PF), rough site plan (Ex.PG), arrest memo (Ex.PH), proceedings memo (Ex.PK), applications (Ex.PW3/A & B), order of Magistrate (Ex.PW3/C), report of Chemical Examiner (Ex.PW3/D) etc. in documentary evidence.