PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 4.2.2003 passed by Judge, Special Court, Sangrur, whereby, the appellant has been convicted for offence under Section 15 of Narcotic Drugs and Pyschotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo RI for a period of ten years and to pay a fine of ' one lac and in default of payment of fine to further undergo RI for two years.

(2.) The prosecution story in brief is that on 24.8.1997, ASI Bahadur Singh along with other police officials was on patrol duty near bridge of canal minor in the area of village Charnno and found the accused-appellant coming from the side of village Kheri Gillan on bicycle.

(3.) The appellant was carrying one bag on the carrier of the bicycle and another was placed in the middle of its frame. On seeing the police party, the appellant tried to slip away but he was apprehended on the spot on the basis of suspicion. An option was given to the appellant for search of bags either in the presence of a Gazetted Officer or a Magistrate. The accused opted to be searched made in the presence of a Gazetted Officer vide his consent statement Ex. PD, which was attested by HC Gurtej Singh, C. Mewa Singh and thumb marked by him. Thereafter, a wireless message was sent and DSP Jagjit Singh Gill came at the spot and disclosed his identity to the appellant. The search of bags was conducted in the presence of DSP and the same were found containing poppy husk. Out of each bag two samples of 250 grams each of poppy husk were drawn and remaining poppy husk in each bag came to be 33-1/2 kgs. The four samples as well as both the bags were converted into parcels and sealed with the seal bearing impression 'BS'. Entire case property alongwith bicycle were taken into police possession and thereafter ruqa was sent to the police station, on the basis of which, FIR was registered against the appellant. The samples were sent to the laboratory for analysis. On conclusion of investigation, challan was presented against the appellant and the case was committed to the Court of Sessions Judge, Sangrur, from where the same was entrusted to Judge, Special Court, Sangrur.