AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and order dated 23.8.2002 passed by learned Judge, Special Court, Bathinda, vide which he was sentenced to undergo RI for 12 years and to pay a fine of rupees one lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act"). In default of payment of fine, he was further sentenced to undergo RI for two years.

(2.) THE prosecution case, in brief, is that on 7.10.1999, SI Janak Singh along with ASI Malkiat Singh and other police officials was going from V. Dhapali to V. Ghandabana on a private jeep for patrolling. When they crossed about 200 karams from Village Dhapali, they saw the accused coming on Peter Rehra carrying gunny bags on it. On suspicion, they stopped the Peter Rehra and SI Janak Singh asked the accused that he had suspicion of some contraband in the bags and wanted to search the same. SI Janak Singh also told the accused that he has a right to get the search conducted in the presence of some Gazetted Officer or a Magistrate. The accused preferred to get the search conducted from a Gazetted Officer, on which, SI Janak Singh sent a wireless message to PS Phul, and after sometime DSP Surjit Singh Khosa reached at the spot and disclosed his identity to the accused. On the direction of DSP, SI Janak Singh searched the bags, 24 in number, loaded on the Peter Rehra and the same were found to contain poppy husk. 250 grams of poppy husk from each bag was taken as a sample and the remaining bags on weighment came to 34 Kgs. 750 Grams each. All the samples and the residue were separately sealed by the Investigating Officer. The accused was arrested vide memo Ex. PD and ruqa, Ex. PF, was sent to the police station for registration of the case, on the basis of which formal FIR, Ex. PF/1 was recorded. On completion of investigation, challan against the accused was presented in the Court.

(3.) TO prove the case, the prosecution examined PW-1 Surjit Singh Khosa, DSP, PW-2 SI Janak Singh and PW-3 Constable Jagjit Singh.