BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by appellant -Balwinder Singh against judgment of conviction and order of sentence dated 24.10.2005 passed by Special Court, Kapurthala, whereby, he has been held guilty for offence under Section 15 of Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo RI for a period often years and to pay a fine of Rs. 1 lac with default clause. The prosecution story in brief is that on 31.8.1997, A.S.I. Santokh Singh along with A.S.I. Avtar Singh and other police officials was going to village Lattianwala in connection with F.I.R. No. 80/1997 under Sections 15/61/85 of the Act. On reaching Adda Khera Mandir, Arjan Singh was joined in the police party and on reaching near the gate of Bhanolanga, A.S.I. Santokh Singh received a secret information to the effect that accused -Balwinder Singh was sitting in the tea shop near the gate of Crl. Appeal No. 2183 -SB of 2005 (2) Bhanolonga. On reaching there, the appellant was apprehended and he made a disclosure statement that he had concealed 5 bags of poppy husk in a Tibba on the road from Siala to Village Sidhwan Dona. On the basis of disclosure statement made by the accused -appellant, an intimation was sent to D.S.P. Puran Singh through wireless message who reached at the spot. The accused -appellant got recovered five bags of poppy husk from the disclosed place and 250 gms. of poppy husk was taken as sample from each bag, which were converted into parcels. Remaining poppy husk when weighed came to 34 kgs. and 750 grams in each bag and separate parcels were prepared. All the parcels were sealed with the seal of D.S.P., bearing letters PS and separate seal impression was also prepared. The case property was taken into possession and the same was attested by P.Ws. A.S.I. Santokh Singh sent ruqa to the Police Station, on the basis of which a formal F.I.R. was registered by S.I. Sarwan Singh. The statements of witnesses were recorded and on completion of investigation, the accused was arrested and samples were sent to Chemical Examiner, Jalandhar, which were found to be poppy head Chura.

(2.) THE challan was presented and documents were supplied to the accused -appellant as required under Section 207 Criminal Procedure Code After hearing counsel for the parties, accused -appellant was chargesheeted for an offence under Section 15 of the Act, to which, he pleaded not guilty and claimed trial.

(3.) ON perusal of the evidence available on record and on hearing both the parties, the trial Court convicted/sentenced the appellant for offence under Section 15 of N.D.P.S. Act for a period often years with a fine of 1 lac vide its judgment dated 24.10.2005, which is subject matter of challenge in the present appeal.