KAKA KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Convict-Kaka Khan has filed this appeal assailing his conviction and sentence ordered by learned Judge, Special Court, Sangrur vide judgment and order dated 03.10.2005 thereby convicting the appellant/accused under Section 15 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (in short, the Act) and sentencing him to undergo rigorous imprisonment for two years and to pay fine of Rs. 10,000/- and in default thereof, to undergo further rigorous imprisonment for six months.

(2.) According to the prosecution version, police party comprising ASI Gurdial Singh, Head Constable Randhir Singh, other police officials and also independent witness Chanan Singh was patrolling for crime detection. The accused/appellant was found sitting in a field with a gunny bag in a suspicious condition. Mouth of the gunny bag was open. Poppy husk was visible in the gunny bag. It weighed 35 Kgs out of which two samples of 250 grams each were separated. Separate parcels of the samples and the remaining poppy husk were prepared and sealed. Ruqa was sent to the police station on the basis of which FIR was registered. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure (in short, Cr.P.C.). On return to the police station, the accused alongwith case property and witnesses was produced before SHO Harjinder Singh who verified the facts of the case and affixed his own seal on the case property.

(3.) On completion of investigation, report under Section 173 Cr.P.C. was presented for prosecution of the accused under Section 15 of the Act.