HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against judgment dated 05.09.2001, passed by the Special Judge, Hoshiarpur (hereinafter to be called as 'the trial Court'), whereby Harjinder Singh appellant has been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychtropic Substances Act, 1985 (hereinafter called as 'the Act') for keeping in possession 280 kgs. and 250 grams poppy husk, without any permit or licence, as detailed hereinbelow: - Convicted for offence under Sections Sentenced awarded U/s 15 of the Act To undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months.

(2.) THE facts, as noticed from the judgment of the trial Court, are that on 01.04.1998, Sub Inspector Nirmaljit Singh along with police officials was present near Amrit Petrol Pump Saila Khurd, in connection with checking of bad elements. A secret information was received that Harjinder Singh alias Kala and his brother Davinder Singh alias Binder, residents of Village Painsra were indulging in the sale of poppy husk in their village. Ajaib Singh Deputy Superintendent of Police was informed about the secret information by SI Nirmaljit Singh. When the police party reached near village Painsra, Baldev Singh Sarpanch and Shaunka Singh, Ex Sarpanch met them and joined in the raiding party. A raid was conducted at the cattle shed (chhappar) of the accused. On seeing the police party, accused Harjinder Singh and his brother Davinder Singh tried to run away, but SI Nirmaljit Singh along with other police officials apprehended Harjinder Singh alias Kala while his brother Davinder Singh was apprehended by SI Sita Ram. Harjinder Singh alias Kala made a disclosure statement that he has kept concealed seven bags of poppy husk in an iron drum, in a room of his cattle shed and could get the same recovered. Disclosure statement Ex.PC was reduced into writing, signed by the accused and attested by the witnesses. The accused led the police party to the predisclosed place and got recovered 280 kgs. 250 grams poppy husk from the iron drum after digging the earth to the extent of two and a half feets. DSP Ajaib Singh reached the spot. A sample of 250 grams was drawn from the recovered poppy husk. The sample and bags containing residue were converted into parcels, sealed with the seal bearing impression 'AS' and taken into possession vide recovery memo Ex.PE. Ruqa Ex. PA was sent to the Police Station, on the basis whereof, FIR Ex PA/2 was registered. Rough site plan Ex.PF was prepared. Statements of the witnesses were recorded. On completion of investigation, challan was presented for commencement of the trial.

(3.) THE accused was supplied the copies of documents relied upon by the prosecution and charge under Section 15 of the Act was framed against him, to which he pleaded not guilty and claimed trial. To prove its case, the prosecution examined as many as seven witnesses, namely, ASI Iqbal Singh (PW1), DSP Ajaib Singh (PW2), Head Constable Naresh Kumar (PW3), Constable Mehar Singh(PW4), Inspector Nirmal Singh (PW5), Sub Inspector Nirmaljit Singh (PW6) and Head Constable Iqbal Singh (PW7).