HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Harjinder Singh has challenged the conviction and sentence passed as against him under Section 15 of the NDPS Act by preferring this Criminal appeal.

(2.) The case in brief of the prosecution is that on 8.12.2005 when PW7 SI Surinder Pal was present along with Head Constable Harbhajan Singh, ASI Baldev Singh and other police officials at Khaiber Chowk, Ludhiana, he received a secret information that accused Harjinder Singh was selling poppy husk in PUDA quarters near Dental College. He raided the disclosed place. The accused was found dragging one of the bags from the stack of bags. A Zen car was found parked over there. Two bags were lying in the said car. The accused was apprehended at the spot. As per the wish of the accused, he passed on information to PW8 DSP Satbir Singh Atwal who came to the site. In his presence a search of the bags lying in the stack and the bags lying in Zen car were searched and recovered. Samples were drawn from the bulk quantity and the same as well as the remaining poppy husk were properly packed and sealed. The seal after use was handed over to ASI Jarnail Singh. The independent witness Raghbir Singh was also associated for the purpose of recovery. After the report from the FSL charge sheet was laid as against the accused.

(3.) The accused in his statement under Section 313 Cr.P.C. has submitted that PW1 SI Waryam Singh has married a lady having house nearby the house of accused. He had strained relationship with PW1 SI Waryam Siingh. Therefore, PW1 raided his house at the instance of the in laws of PW1 and forcibly picked him up. Nothing was recovered from him but a false case was foisted on him.