GULSHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant - Gulshan Kumar, then aged about 37/38 years, has filed the present appeal challenging judgment of conviction dtd. 7/2/2004, and order of sentence dtd. 9/2/2004, passed by learned Special Judge, Ferozepur, in Sessions Case No. 101, dtd. 19/9/2000/R.B.T. No. 117, dtd. 6/3/2002, arising from FIR No. 168, dtd. 6/7/2000, under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), registered at Police Station Sadar, Fazilka.

(2.) On 6/7/2000, a police party headed by ASI Kuldip Singh, while on patrol duty in the area of village Sainian, apprehended appellant - Gulshan Kumar, with suspicion that he was carrying some contraband in the small gunny bag, which he was carrying in his right hand. After obtaining consent from the appellant on consent memo. (Ex. P-1), Investigating Officer carried out search of the small gunny bag and recovered 5 Kgs. of poppy husk. A ruqa (Ex. P-5) was sent to the police station, on the basis of which formal FIR (Ex. P-6) was registered. After completing formalities and investigation etc., appellant - Gulshan Kumar was put to trial. He was charged for the offence punishable under Sec. 15 of the NDPS Act, to which he pleaded not guilty and claimed trial. Learned Trial Court held the appellant guilty of the offence, vide judgment of conviction dtd. 7/2/2004 and vide order of sentence dtd. 9/2/2004, he was sentenced as under:- <FRM>JUDGEMENT_154_LAWS(P&H)2_2023_1.html</FRM>

(3.) Appeal was admitted on 11/3/2004, and after noticing the factum of total undergone period inside jail against the substantive sentence of 2 years and fine of Rs.1,000.00, remaining sentence of the appellant was suspended during pendency of the appeal, by this Court.