HARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Crm No. 24611 of 2013 Reply to the application not to be filed by the State. Learned counsel for the applicant-appellant contends that the appellant is a poor person and he remained in custody throughout. Appeal has been filed through a counsel engaged by Legal Services Authority.

(2.) The instant appeal is directed against the judgment of conviction and order of sentence dated 13.12.2011 passed by Judge, Special Court, Sri Muktsar Sahib whereby appellant was convicted for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substance, Act 1985 and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs. 50,000/- with default stipulation.

(3.) The story of prosecution is that the appellant alongwith co-accused Binder Singh was going on scooter. Binder Singh was driving the scooter and on seeing the police party, they got perplexed and fell down from the scooter. A bag containing poppy-husk was kept in between Binder Singh and the appellant on the scooter. 35 kgs. of poppy-husk was recovered from the bag. A sample was separated from the bulk and both the samples and the bag were converted into sealed parcel. All the necessary formalities in accordance with the provisions of NDPS Act were completed and on receipt of report of the analyst, challan against the appellant and coaccused was presented before Judge, Special Court.