IQBAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant, namely, Iqbal Singh, has filed this appeal against the judgment dated 03.09.2009, passed by the learned Special Judge, Ferozepur, vide which the appellant was convicted under Section 15(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to 'as the Act') and sentenced to undergo rigorous imprisonment for a period of eight years and to pay a fine of Rs.40,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one year.

(2.) The brief facts of the case in hand, recorded by the learned trial Court are that, on 26.04.2005, the police party headed by ASI Gurdarshan Singh was going from village Kular to canal bridge Rajasthan Border in connection with patrolling and to check the suspects on a private Gypsy. When the police party reached a little behind the canal, the accused was found sitting on a jute bag in the water course. On seeing the police party, he tried to run away. On suspicion, he was apprehended by ASI Gurdarshan Singh. In the meanwhile, Bhala Ram son of Dal Chand resident of Kular reached there. He was joined in the police party. The investigating Officer interrogated the accused and enquired about his name and address. On his interrogation, the accused disclosed his name as Iqbal Singh son of Banta Singh. He brought the accused near the bag of jute and when he opened the mouth of the bag, it was found to be poppy husk. Out of the recovered poppy husk, two samples each containing 100 grams were separated to serve as sample and converted into separate parcels and the remaining on weighment was found to be 40 Kgs. The remaining poppy husk was again put in the same jute bag and converted into bulk parcel. The samples as well as bulk parcel were separately packed and sealed and were taken into possession vide recovery memo Ex.P12. Sample seal Ex.P1 was separately prepared. From the personal search of the accused, currency notes of Rs.40/- were recovered and the same were taken into possession vide memo Ex.P13. Ruqa Ex.P15 was sent to the police station on the basis of which formal FIR Ex.P10 was registered. The accused was arrested in this case and his grounds of arrest memo Ex.P14 prepared. Rough site plan Ex.P16 was prepared showing the place of recovery. Statements of witnesses were recorded. On return to the police station, ASI Gurdarshan Singh produced the case property along with the accused before SI/SHO Jaspal Singh, who affixed his seal bearing impression "JS" on the samples, bulk parcel and specimen seal chit and took the entire case property in to his possession vide recovery memo Ex.P2. Bulk parcel is MO-1. After completion of necessary investigation formalities and on receipt of the report of Asstt. Chemical Examiner, challan in hand was submitted in the court for commencement of trial against the accused.

(3.) On presentation of challan, copies of the same were supplied to the accused free of costs as envisaged under Section 207 Cr.P.C.