BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Baldev Singh son of Jit Singh was charged under Section 15 of the Narcotic Drugs and Psychotfopic Substances Act, 1985 (for brevity the Act). He stands convicted for the said charge vide impugned judgment of Additional Sessions Judge, Sangrur dated 16.7.1991 and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. one lac, in default of payment of fine to suffer further RI for one year. Aggrieved by the impugned judgment of conviction and sentence, he has preferred the present appeal.

(2.) In short, the case of the prose-cution is that on 30/4/1988 SI Darshan Singh (PW1), who was at that time posted as ASI in police station Dhuri, alongwith Head Constable Amrik Singh (PW2) and other police officials was going from Dhuri towards Punawal. One Kheru Din Chowkidar was also joined by SI Darshan Singh. When the police party reached near the bus stand, Rajomajra in the area of Paidnikaian, the present appellant was seen sitting on five bags lying on a corner of the road, He tried to run away after noticing the police party. On suspicion, he was apprehended. In order to show the compliance of Section 50 of the Act, a notice was given to him. The appellant reposed confidence in ASI Darshan Singh and then the said five bags (Exs. P1 to PS) were searched. Each bag was found to contain 40 Kilograms of poppy husk. Out of each bag, one sample of 250 grams was separated. Thereafter all the samples as also the bags were duly sealed with the seal of ASI Darshan Singh bearing the inscription DS and taken into possession vide recovery memo. Ex.PA, attested by HC Amrik Singh, Constable Avtar Singh and Kheru Din Chowkidar. The seal after use was handed over to HC Amrik Singh. Ruqqa Ex.PB was sent to the police station on the basis of which formal FIR Ex.PB/1 was registered. After receipt of report Ex.PD of the Chemical Examiner, which indicated that the substance was poppy heads, the appellant was challaned.

(3.) The prosecution has examined SJ Darshan Singh (PW1), who was ASI at the time of alleged recovery and HC Amrik Singh (PW2). However, Kheru Din Chowkidar was given up as being won by the appellant. Affidavits Exs.PE and PF of MHC Darshan Singh and Constable Harmesh Singh were also tendered into evidence besides the report Ex.PD of the Chemical Examiner.