BAKSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BAKSHISH Singh son of Jugraj Singh has earned conviction under section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') vide judgment dated 7.12.1990 passed by Additional Sessions Judge, Ferozepur. He has been sentenced to undergo RI for ten years and to pay a fine of Rs. one lac, in default of payment of fine to further undergo RI for one year.

(2.) THREE bags each containing 40 kgs of poppy husk were allegedly recovered from the present appellant on 20.4.1989 by ASI Hardev Singh PW3, ASI Hardev Singh PW3, ASI Cheta Singh PW2, ASI Harbans Singh and other police officials who were going in a Mini Bus from Mirjeke towards Ghall Khurd Bachha. The police party noticed the present appellant sitting on three bags in the pits towards right hand side of the road. ASI Hardev Singh PW3 knew the appellant earlier. He apprehended him and suspected that the bags on which he was sitting were containing contraband and he wanted to search the bags. The appellant was apprised of his right to have the search conducted in the presence of a Gazetted Officer or Magistrate but the appellant did not show any inclination to exercise this right and memo Ex. PW2/A was made in this regard which was thumb-marked by the appellant. On search each of the three bags was found to contain poppy husk to the tune of 40 kgs in each bag. 100 gms was taken out as sample from each bag and the same was sealed separately and was made into parcels with the seal of HS belonging to ASI Hardev Singh. The bags Ex.P1 to P3 were sealed separately with the same seal and the bags as well as the samples were taken into possession vide Ex.PW2/B. It was attested by other official witnesses. The seal after use was handed over to ASI Cheta Singh after a separate sample Ex.PW3/A of the seal had been prepared. ASI Hardev Singh sent ruqa Ex.PW3/B to the Police Station Ghall Khurd on the basis of which formal FIR Ex.PW3/C was recorded by the concerned police official of the said police station. The appellant was apprised of the grounds of arrest through memo Ex.PW2/C which was thumb-marked by him and attested by other witnesses. Rough site plan Ex.PW3/D was also prepared at the spot. The case property was then taken to the police station where ASI Kirpal Singh PW5 was officiating as SHO. ASI Kirpal Singh put his own seal 'KS' on the articles and took possession of the case property. He also affixed his own seal on the sample seal Ex.PW5/A. ASI Kirpal Singh then produced the appellant as well as the case property before the Magistrate on the following day and on the direction of the Court, the case property was kept in the police Malkhana in the custody of MHC Darshan Singh PW4. The samples which were sent to the Director, Forensic Science Laboratory, Punjab, Chandigarh for analysis revealed vide report Ex.PA that the chemical analysis gave positive tests about the presence of meconic acid and morphine in the contents of all the three packets. According to the analysis meconic acid and morphine are active ingredients of poppy straw powder. The appellant was, thus, challaned in the present case. He was charged under section 15 of the Act by the trial Court.

(3.) IT is worth mentioning here that in order to prove link evidence, the prosecution agency had tendered the affidavits which were marked as PW1 and PW4, of Constable Kirpal Singh and of MHC Darshan Singh.