BUR AKA DALBIR RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal, under Section 374(2) of the Criminal Procedure Code, 1973 (Cr.P.C., for short), brought by convict Bur aka Dalbir Ram, is directed against judgment of conviction and order of sentence dated 20.12.2006 passed in Sessions Case No. 292 of 2006 by Judge, Special Court, Jalandhar (trial judge, for short), convicting and sentencing him to rigorous imprisonment for a term of ten years in addition to punishment of fine amounting to Rs. 1,00,000/ - and in default of payment of fine to further rigorous imprisonment for a term of two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act) on the allegation of having kept ten bags of Poppy Husk in an abandoned tube -well room belonging to Mohinder Singh of village Khanpur (who has since settled in United States of America (USA, for short).

(2.) FACTUAL Matrix: Appellant, along with his wife Rani, was arraigned as an accused in First Information Report (FIR, for short) No.160 of 31.08.2000 recorded at Police Station, Phillaur under Section 15 of the Act. Story of the prosecution runs as under:

(3.) ON completion of investigation and receipt of a report from Chemical Examiner, a report, as required by Section 173(2), Cr.P.C., was prepared and was presented before the learned trial judge, who complied with the provisions of Section 207, Cr.P.C., and upon consideration of the record of the case and documents submitted therewith, and after hearing submissions of the appellant and the prosecution, formed an opinion that there was ground for presuming that the appellant had committed an offence punishable under Section 15 of the Act, which was triable exclusively by him, and, accordingly, framed in writing charge against the appellant who pleaded not guilty to the charge and claimed to be tried.