RAM DAYAL @ BUTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by the accused/appellant against the judgment of conviction and order of sentence dated 23.01.2004 passed by Shri G. S. Gill, Special Judge, Fatehgarh Sahib, vide which the accused/appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter mentioned as "Act").

(2.) The factual matrix of the case is that on 24.10.2002, HC Bhag Singh along with other police officials was on patrolling duty in govt. vehicle bearing registration No. PB-23-B-7503. At about 4.45 PM, when they were proceeding from village Mullanpur towards Fatehpur and were near the cremation ground of Fatehpur, then one person was spotted sitting on the right side of the road. He was sitting on a plastic sheet beneath a Tahli tree besides poppy husk. An empty plastic bag and a plastic container were also lying there. On noticing the police party, the said person tried to flee. He was apprehended on suspicion. One Pargat Singh s/o Hardev Singh was also joined. Upon asking, the said person disclosed his name as Ram Dayal @ Buta. He was asked as to whether he possess any permit or licence for keeping the poppy husk but he failed to produce the same. Two samples weighing 250 gms each were separated and made parcels. On weight, the remaining poppy husk was found to be 10 kgs 500 gms. The remaining poppy husk was put in the same plastic bag and was converted into parcel. The parcels were sealed with seal "DS". The seal, after use, was handed over to Pargat Singhindependent witness. The parcels and the plastic container were taken into possession. From the personal search of accused, currency notes of Rs.90/- were recovered, which were taken in to possession vide separate recovery memo. Investigation was carried out and after completion of investigation, challan against the accused Gian Kaur was presented in Court.

(3.) On presentation of challan, copies of same were supplied to the accused free of costs as envisaged under Section Thereafter, charge under Section 15 of the Act was framed against the accused, to which he pleaded not guilty and claimed trial.