DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 11.03.2004, passed by the learned Judge, Special Court, Bathinda, vide which accused.appellant Dara Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here.in.after called the 'Act') and the order on quantum of sentence dated 12.03.2004, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/., in default of payment of fine, to further undergo rigorous imprisonment for 1 1/2 years.

(2.) As per the prosecution case, on 02.10.2001, ASI Om Parkash along with other police employees was going in canter No.PB. 03.8524 for patrolling. When they were at bus stand Kothaguru, Sulakhan Singh came there and he was also joined in the party. When they were going from village Kothaguru towards village Jalal via katcha path and reached on the bridge of Kassi (minor canal), one person was seen sitting on the gunny bags towards the left side pahi (passage). On seeing the police party, he tried to slip away. On suspicion, he was apprehended. The Investigating Officer asked from him about option for his search in the presence of a Gazetted Officer or the Magistrate. Vide his consent memo Ex.PD, he opted his search in the presence of some Gazetted Officer. Jagjit Singh Deputy Superintendent of Police was called at the spot through wireless message. In his presence, the seven gunny bags in the possession of the accused were searched, which were found containing poppy husk. Out of each bag, a sample of 250 grams was separated and on weighment, each bag was found containing 30 kilograms of poppy husk. Separate sealed parcels of sample and residue opium were prepared and taken into possession vide memo Ex.PB. The seal after use was handed over to HC Hoshiar Singh. The Investigating Officer sent Rukka Ex.PF to the Police Station. On the basis of which, formal FIR Ex.PF/1 was registered. The Investigating Officer prepared the site plan of the place of recovery. The accused was arrested. On return to the police station, the accused and the case property were produced before SHO Parhlad Singh, who after verification, affixed his seal on all the parcels and sample seal and took the same into possession vide memo Ex.PD. Later on, the sample parcels were sent to the office of the Chemical Examiner. On receipt of the report of the Chemical Examiner and after completion of formalities of the investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (herein.after called the 'Cr.P.C.') was presented in the Court.

(3.) The accused.appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 01.02.2002 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.