VIJAY SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal has been filed against the judgment dated 15.7.2003 passed by the Special Judge, Fatehgarh Sahib whereby the petitioner-Vijay Singh has been convicted under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of 3000.00 or in default to undergo rigorous imprisonment for three months.

(2.) The FIR (Ex. P-3) was lodged on the basis of ruqa (Ex. P- 2) sent by ASI, Ajaib Singh. As per ruqa, ASI, Ajaib Singh along with HC, Kashmiri Lal, HC Jatinderpal Singh, Constable Harnek Singh had gone to village Dhola for patrolling. After passing through the villages Jalbera, Dalo Majra, Bhaini Kalan, when they were near the turning of village Bhaini Kalan, one Inder Singh resident of Nabipur met them and accompanied them on his scooter. When the police party reached on the turning of the boundary of village Dhola, they saw one man sitting in the bus stand along with a bag and four packets which were open. The said person on noticing the police party got perplexed and at once stood up. Police party apprehended him on the basis of suspicion and asked about his whereabouts. He disclosed his name as Vijay Singh son of Parlad Singh resident of Mugarka, PS Nagal Chaudhary, District Mohindergarh (Haryana). Poppy husk was recovered from the four packets and six more packets of poppy husk were recovered from the bag of the accused. On enquiry, he disclosed that he had come there to sell the poppy husk. However, he could not produce any permit or licence to carry the poppy husk. Two samples of poppy husk weighting 250 grams each were extracted and made into parcels and sealed. The remaining poppy husk on weighment was found to be 19 Kgs. 500 grams which was put in the same plastic bags and then again put in the bag and sealed. Case property was taken into possession vide separate recovery memo attested by the witnesses.

(3.) After registration of the FIR, the case was investigated by ASI, Ajaib Singh. A rough site plan Ex. P-5 was prepared and sample was sent for chemical examination to the Forensic Science Laboratory, Punjab, Chandigarh who vide report dated 5.6.2002 (Ex. P-6) opined that the contents of the sample were Chura Poppy Husk. A challan was presented against the accused under Sec. 15 of the Act in the Court on 20.7.2002. Necessary documents were supplied to the accused in terms of Sec. 207 Crimial P.C.