RAGHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal directed by the accused appellant against the judgment and order dated 7.4.2003 passed by Sh. P.S. Virk, Judge, Special Court, Patiala, vide which the accused appellant has been convicted under Section 15 of the NDPS Act (hereinafter to be referred to as "the Act") for having been found in possession of 120 kgs of poppy husk, without any licence or permit.

(2.) THE facts as enumerated from the record are that on 2.9.2001 police party headed by ASI Kuljit Singh were on patrolling duty and when they reached village Sailwala, Rajpal Singh s/o Ajit Singh met them and he was joined in the police party. At about 5.45 P.M. when they reached on the bridge of canal minor in the area of village Khang, the accused was seen sitting on the bags lying on the bank of canal. On seeing the police party, the accused tried to slip away. On suspicion, ASI Kuljit Singh apprehended him with the help of other police officials. ASI Kuljit Singh told him that he suspected some contraband in his bags and wanted to conduct his search as well as the search of four bags. He apprised the accused of his legal rights to be searched in the presence of a Gazetted Officer or a Magistrate. The accused opted to get his search conducted in the presence of some Gazetted Officer. Statement of the accused to this effect was recorded which was signed by him and attested by the witnesses. ASI Kuljit Singh sent wireless message to DSP Ashish Kapoor, who arrived there and disclosed his identity to the accused and further told him if he wanted his search to be conducted in the present of a Magistrate, but the accused reposed his confidence in the DSP. Consent statement of the accused was recorded and was signed by the accused and attested by the witnesses, including the DSP. Then on the direction of DSP ASI Kuljit Singh conducted the search of the bags, which were found to be containing poppy husk. All the bags were numbered as 1 to 4. Two samples of 250 grams each were separated from each bag and was prepared into separate parcels. Remaining poppy husk on weighment was found to be 29 1/2 kgs in each bag and was prepared into separate parcels. All the parcels were sealed with the seal bearing impression 'KS' of ASI Kuljit Singh and 'AK' of DSP Ashish Kapoor. Entire case property was taken into possession vide recovery memo, which was attested by the witnesses. Ruqa was sent to the police station, on the basis of which formal FIR was recorded. On receipt of the report of the chemical examiner and after completion of the investigation, challan was presented against the accused.

(3.) COPIES of the documents were supplied to the accused free of costs as envisaged under Section 207 Cr.P.C. Charge under Section 15 of the NDPS Act was framed against the accused, to which he pleaded not guilty and claimed trial.