GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict Gurdeep Singh has filed this criminal appeal assailing his conviction and sentence ordered by learned Judge, Special Court, Barnala vide judgment and order dated 15.12.2001 thereby convicting the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to undergo imprisonment for period of three years and to pay fine of Rs. 30,000/- and in default of payment of fine, to undergo further rigorous imprisonment for 6 months.

(2.) According to the prosecution version, the appellant carrying a plastic bag on his head, was apprehended by police party on suspicion. The bag was found to contain 15 kgs. of poppy husk. Samples were drawn from the bag. Sample on analysis was found to be of poppy husk.

(3.) I have heard learned counsel for the parties and perused the case file including the file of trial Court with their assistance. Prosecution witnesses have supported the prosecution case. The appellant in his statement under Section 313 Cr.P.C. alleged that he was picked up from his relatives and falsely implicated in this case. The appellant also led evidence in his defence to this effect. However, the appellant has not alleged as to why he was falsely implicated in this case. There is no reason why police officials would plant 15 kgs. of poppy husk to implicate him in a false case without any rhyme or reason.