SURJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Surjan Singh who was convicted under Section 18 of Narcotic Drug & Psychotropic Substances, Act, 1985 (for short 'NDPS Act') and was sentenced to undergo 10 years R.I. and to pay a fine of Rs.1 lac and in default of payment to undergo further period of 1 year has come forward with the present appeal.

(2.) PW 2 SI Harcharan Singh proceeded alongwith the police officials on 15.3.1997 in connection with search operation of tubewells. The accused was found digging the crops of poppy. The accused tried to hide himself in the fields. On suspicion he was apprehended. He was given an opportunity to exercise his option to cut the poppy crops in the presence of a gazetted officer or a Magistrate. But he reposed faith in PW2. The poppy plants were reaped thereafter. Two samples of 250 gms. each of poppy plants were separated and made into parcel. The remaining poppy plants weighed 40 kgs. The samples were sent for examination. The chemical examiner's report would go to show that it was poppy plant.

(3.) THE accused in his statement under Section 313 Cr.P.C. stated that he was innocent. No recovery was effected from him. He never cultivated poppy plants in the field. He was falsely implicated, he has further contended. He tendered khasra girdawaries to show that the cultivation of poppy plant was not referred there.