RAJINDER SINGH @ PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against the judgment dated 19.05.2003 passed by the Special Court, Bathinda, whereby the accused-appellant has been convicted under Section 15 of the Narcotic Drugs & Psychotropic Substance Act (for brevity 'NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/-. In default of payment of fine, he was further sentenced to undergo rigorous imprisonment for two years.

(2.) On 19.07.2002, ASI Mohinder Singh along with other police officials apprehended one motorcycle near the bridge of village Jalal. On this motorcycle, two persons namely Rajinder Singh-appellant and Bagha Singh were riding and two gunny bags were loaded thereon. Vide memo (Ex.PA), Rajinder Singh-appellant gave his consent to be searched in the presence of a Gazetted officer. Thereafter, a wireless message was sent to police station, Dayalpura and after some time, DSP Balbir Singh reached at the spot. Accused-appellant gave his consent (Ex.PB) for his search before him. On the directions of the DSP, the Investigating Officer conducted the search of two bags, which were in possession of the accused, whereupon poppy husk weighing about 30 Kgs was found in each bag. 250 grams of poppy husk was separated as sample from each of the bag. Each bag was sealed separately. Sample seal was prepared. All the sealed parcels and sample seal were taken into possession vide recovery memo and attested by the witnesses.

(3.) Thereafter, accused Rajinder Singh was arrested vide memo Ex.PE and a formal FIR was registered.