BALBIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 7.12.1999 passed by Shri P.S.Virk, learned Additional Sessions Judge, Fatehgarh Sahib vide which the accused has been convicted under Section 15 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 for having been found in possession of 20kgs of poppy husk without any licence and permit.

(2.) The case of the prosecution in brief is that on 18.9.1996 ASI Rajiander Kumar of Police Post Havara Kalan along with ASI Raj Kumar, HC Bhupinder Singh, SPO Bhupinder Singh had gone for patrolling in a Government vehicle No.PB-11-D-1847 and Raj Kumar was driving the said vehicle. When the police party reached on the Canal Minor bridge near Bus Stand Khamano, Angrez Khan Chowkidar met them and they joined him in the police party. In the meantime, the accused came from the side of Bus Stand Khamano carrying gunny bag on his head and on seeing the police party, the accused was perplexed and was apprehended under suspicious, ASI Rajinder Kumar told the accused that he had suspicion that he was in possession of incriminating articles and he wanted to conduct the search in the presence of a Gazetted Officer or a Magistrate, he could arrange for that. The accused wanted to be searched in the presence of a Gazetted Officer. A consent memo was prepared. A wireless message was flashed to Deputy Superintendent of Police Ranjit Singh Dhillon, who reached at the spot. In his presence, accused was searched and from gunny bag 20 kilograms of poppy husk was recovered. Two samples of 250 grams each were separated and the remaining poppy husk was made into parcels.

(3.) On appearance of the accused, copies of documents were supplied to the accused free of cost under rules.