JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction and order of sentence dated 27.07.2000 passed by Judge, Special Court, Sangrur whereby the appellant-Joginder Singh has been held guilty for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac and in case of default of payment of fine, he is to further undergo RI for a period of one year.

(2.) Briefly, the facts of the case are that a Police party headed by SI Sampuran Singh, SHO, Police Station Sunam, was on patrol duty on 15.10.1994 in a Government vehicle. On reaching near the bridge of a canal in the area of Ramgarh Jawandha, the appellant-accused was seen coming from the side of village Ratollan carrying two bags on his motorcycle. He was stopped by the Police party and was apprehended on suspicion. An option was given for conducting search either in presence of a Gazetted Officer or a Magistrate but he opted to be searched by the Police party itself. His consent memo was reduced into writing, which was thumb marked by the accused and attested by the witnesses. One bag was lying on the carrier of the Motorcycle and the other was on its frame. The said two bags contained of poppy husk. Two samples of 250 gms were taken from both the bags and the remaining quantity of both the bags was found to be 29 kgs 500 gms on weighing. Samples were prepared and sealed with seal bearing impression 'SS'. The case property was taken into possession vide memo Ex.PB and ruka was sent to the Police Station for registration of FIR. The case property was deposited with MHC Darsha Singh with seals intact. On receipt of the report of Chemical Examiner, the contents of the samples were found to be Poppy Husk. On completion of investigation, the challan was presented against the accused and prima-facie a case was found for offence punishable under Section 15 of the Act and charge was framed accordingly on 06.01.1995. The accused pleaded not guilty and claimed trial.

(3.) The prosecution recorded statements of PW1-ASI Jasvir Singh, PW2-HC Darshan Singh, PW3-Constable Jasbir Singh and PW4-SI Sampuran Singh.