PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 2.6.2005 passed by Special Court, Bathinda, whereby the appellant was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short "the NDPS Act") and sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs. 1 lac and in default of payment of fine to undergo rigorous imprisonment for a period of two years.

(2.) Prosecution case, in brief, is that on 24.6.2003 Police party of Police Station Sangat, District Bathinda headed by ASI Gurcharan Singh was on patrolling duty. When they reached at Semnala Jassi Baghwali, they saw one person sitting on two bags lying in the ditches. On suspicion, he was arrested. He disclosed his name and address. He was made known of his right of being searched in the presence of a Gazetted Officer or a Magistrate but he reposed faith in the Gazetted Officer.

(3.) Thereafter by flashing wireless message Raj Bhachan Singh, DSP (R) was called on spot. Raj Bachan Singh disclosed his identity to the accused and gave him offer of being searched in the presence of a Magistrate but the accused turned down the offer. Bali Ram, an independent witness was joined. On search, poppy husk was recovered from the bags. Two samples of 250 grams each were drawn from each bag. On weighment, the remaining poppy husk in each bag came to be 29 kg. 750 grams. After preparing parcels of sample as well as of bulk, each of them were sealed with seal "GS". After preparing sample seal chit, the contraband was taken in possession. Seal after use was handed over to independent witness.