DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is against the judgment dated 21.04.2001 passed by the Special Judge, Hoshiarpur, whereby the appellant has been convicted under Section 15 of the Narcotic Drugs & Psychotropic substances Act, 1985 (for brevity "the NDPS Act") and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/-.

(2.) Brief facts of the case are that on 24.08.1999, Inspector Navjot Singh along other police officials was going from Mahilpur towards Dohlron in connection with patroling duty. When they reached near the Nallah, accused-Davinder Singh (appellant) and a lady was seen coming having gunny bags on their heads. On seeing the police party, they tried to escape, but were apprehended with the help of other police officials. Thereafter, Inspector Navjot Singh asked the appellant, as to whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate, but he reposed faith in the Investigating Officer. Accordingly, his consent memo (Ex.PA) was recorded and the accused-appellant thumb marked the same. On conducting a search of the bag of the accused-appellant, poppy husk weighing 25 Kgs was recovered. Thereafter, the Investigating Officer sealed the bag with his seal 'NS'. Thereafter, a wireless message was sent to DSP Amarjit Singh, who visited the spot and asked the accused, as to whether he wanted to be searched in his presence or in the presence of a Magistrate. However, the accused-appellant reposed faith in him. Thereafter, the seal of the bag was broken and a sample weighing 250 grams of poppy husk was separated. Both the sample parcel and the bag were sealed at the spot with seal bearing impression 'NS'. The sample parcel was sent to the office of the Chemical Examiner. As per the report of the Chemical Examiner (Ex.PJ), the contents of the sample were found to be that of poppy husk. After completion of the necessary investigation, challan against the accused-appellant was presented.

(3.) On appearance of the accused before the Court, charge under Section 15 of the NDPS Act was framed, to which, he pleaded not guilty and claimed trial.