LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.103 dated 19.10.1995 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'Act'), registered at Police Station Sultanpur Lodhi.

(2.) Prosecution story, in brief, is that on 17.10.1995, Assistant Sub-Inspector (in short 'ASI') Kashmir Singh along with other police officials were on patrol duty. When they reached near the turning of the path leading from Saichan to Ahmadpur Chhanna, they saw the accused coming from Ahmadpur Channa side carrying a gunny bag on his head. Accused was apprehended and his name was inquired. Accused was given the option that he could get the bag searched in the presence of a Magistrate or a Gazetted Officer. Accused reposed faith in ASI Kashmir Singh. When the bag was searched, it was found that it contained poppy-husk. 250 grams of poppy-husk was separated as a sample and the remaining poppyhusk on weighment came to 29 kilograms and 750 grams. Sample as well as the bulk poppy-husk were made into parcels and were sealed with seal bearing impression 'KS'. Ruqa was sent to the Police Station for registration of the FIR.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant qua commission of offence punishable under Section 15 of the Act. In order to prove its case, prosecution examined six witnesses during trial.