AJAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.09.2000, passed by Judge, Special Court, Patiala, whereby the appellant was convicted for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of ' one lac and to undergo further rigorous imprisonment for two years in default of payment of fine.

(2.) BRIEFLY stated, the prosecution case is that on 24.6.1997 Inspector Randeep Singh along with his police party was holding a 'Naka' on the bridge of Bhakra Canal in the area of village Paharpur, when at about 3.30 a.m. the appellant was witnessed riding a mare. On reaching the bridge he was signaled to stop but on witnessing the police party he turned his mare and managed to escape towards the other side. After giving a chase, he was apprehended near village Paharpur. Inspector Randeep Singh apprised the appellant of his intention to conduct his search, as he suspected that the appellant was possessing poppy husk and gave him the option to get his search conducted before a gazetted officer or a Magistrate. Vide statement Ex. PD, appellant opted for his search to be conducted in presence of some gazetted officer. Message was given to Pritpal Singh Thind, DSP, Samana, who rushed to the spot. Garja Singh, Sarpanch village Siyal Kalan, met the police party and he was also joined in the police party. On arrival of Pritpal Singh Thind, DSP at the spot two bags (Khurjies) hanged on both sides of the mare were found containing poppy husk. The appellant failed to produce any permit or licence for the same. Sample of 250 gms was separated from poppy husk of each 'Khurji' and sealed with a seal of Pritpal Singh, DSP, bearing impression PPS and the seal after use was given to DSP, Pritpal Singh. The case property was taken into possession vide recovery memo Ex. PB. Further search of the appellant yielded Rs. 230/ - from his pocket, which was also taken in possession vide recovery memo Ex. PC. Ruqqa Ex. PF was sent to the Police Station, whereupon formal FIR Ex. PF was registered. After completing the formalities of preparing documents at the spot, the police party along with the appellant reached the police station, where the case property was deposited with the MHC and on the next day, it was produced before the Judicial Magistrate Ist Class, Patiala. The sample drawn from the recovered poppy husk was sent to the Chemical Examiner and it was found to be that of poppy husk.

(3.) AFTER completion of investigation, challan was presented in the Court of Sub Divisional Judicial Magistrate, Samana,District Patiala, which was committed to the Court of Sessions Judge, Patiala vide order dated 3.10.1997. The appellant was charge -sheeted vide order dated 24.10.1997 to which he pleaded not guilty and claimed trial.