WADHAWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 24.1.2004 passed by Sh. G.S. Gill, Special Judge, Fatehgarh Sahib, 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 5 kgs 500 grams of poppy husk, without any licence or permit.

(2.) As pere allegation of the prosecution, ASI Dharminder Singh alongwith police party had gone for patrolling in a private vehicle. At about 5.30 P.M. when they were going from the bridge on canal Jalkheri alongwith bank of the canal and when the police party was about 300 yards short of the Chanarthal Kalan Bridge, the accused was found coming alongwith a plastic bag. He tried to escape towards village Chanarthal Kalan, then ASI Dharminder Singh Investigating Officer asked the accused to halt and 5 kgs 500 grams of poppy husk was recovered from the said bag without any licence or permit. Two samples of poppy husk weighing 250 grams each were separated and prepared into parcels. The remaining poppy husk on weighment was found to be 5 kgs and was also prepared into a parcel. The samples and remaining poppy husk were duly sealed. The accused was formally arrested. The statement of witnesses were recorded.

(3.) Samples were sent to the Chemical Examiner and vide report dated 28.3.2003, the samples were found to be of poppy husk.