RAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been directed against judgment dated 03.12.2012 passed by the Judge, Special Court, Sangrur, whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the Act ) as extracted hereinbelow:- <FRM>JUDGEMENT_563_LAWS(P&H)12_2013_1.html</FRM>

(2.) The facts, in brief, are that on 31.08.1997, the police party headed by ASI Sukhdev Singh was holding naka on bridge of canal minor in the area of village Neelowal. Jeet Singh PW was joined in the police party.

(3.) In the meanwhile, one scooter without number plate came from the side of village Chhajla driven by accused-Ram Singh. The scooter driver was carrying one gunny bag on the rear seat of the scooter. The Investigating Officer offered to conduct search of the bag in the presence of Gazetted Officer or a Magistrate but the accused opted to be searched by a Gazetted Officer. DSP Jasdev Singh reached the spot on necessary intimation. The search of bag, in the presence of DSP Jasdev Singh led to recovery of poppy husk weighing 30 Kgs., two samples of 250 grams each were separated. The samples and the bulk poppy husk were sealed separately with seal bearing impression 'SS'. Sample seal was prepared. Case property and scooter were taken into police possession vide recovery memo Ex.P1 attested by the witnesses. Ruqa Ex.PE was sent to the police station and formal FIR Ex.PE/1 was registered on its basis. Rough site plan Ex.PF of the place of recovery was prepared. On return to the Police Station, case property, accused and witnesses were produced before SI Gurdev Singh, SHO, Police Station Sunam. The SHO verified the facts of the case, put his seal bearing impression 'GS' on the parcels and sample seal bearing impression 'GS' was prepared. Case property was deposited with MHC Kuldip Singh. On the next day, accused and case property were produced before the Illaqa Magistrate. On receipt of the report of Chemical Examiner Ex.PG and completion of investigation, challan was presented in the Court for commencement of trial.