NEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant who was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act (for short 'NDPS Act') and was sentenced to undergo 1 year R.I. and to pay a fine of Rs.1000/ - and in default to undergo a further period of 1 month R.I. has come forward with the present appeal.

(2.) IT is the case of the prosecution that on 24.12.1999, PW4 ASI Babu Singh alongwith PW5 Paramjit Singh and other police officials proceeded on patrol duty on their private scooters. When the police party reached Bhakra Canal, one Sarwan Singh met them. PW4 started chatting with him. In the meantime, a person came from the side of village Khanauri carrying a bag on his head. On seeing the police party, he got perplexed and tried to backtrack. On suspicion he was apprehended at the spot. PW4 informed him that he suspected possession of narcotic drugs by him and gave him an option to go in for a search either before a Judicial Magistrate or before a gazetted officer. The accused reposed faith in PW4 and asked him to conduct a search. Search of the bag was conducted. The bag contained poppy head. Out of the larger quantity, two samples of 250 gms. each were separated and converted into separate parcels. The remaining poppy head weighed 4 kgs.500 gms. All the three parcels were sealed by PW4 with his own seal. The entire case property was taken into possession by PW4. The accused was arrested. The case property was produced before the SHO, who produced the same before the learned Judicial Magistrate alongwith the accused. On obtaining the FSL report, charge -sheet was laid as against the accused for the offence under Section 15 of the NDPS Act.

(3.) THE accused defended himself through his statement under Section 313 Cr.P.C. that he was innocent and nothing was recovered from his possession.