KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KALA Singh accused -appellant has directed the present appeal against the judgment dated 02.01.2007 and order dated 03.01.2007 passed by Shri B.S.Sandhu, the then learned Special Judge, Moga vide which the accused stood convicted under Section 15(c) of the Narcotic Drugs and Psychotropic Substance Act ( in short the NDPS Act ) and sentenced to undergo 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 one year.

(2.) IN brief, case of the prosecution is that on 8.11.2002 ASI Surinder Singh of CIA Staff, Dharamkot along with HC Heera Singh and other police officials was on patrolling from Kot Ise Khan towards Makhu on G.T.Road. When the police party reached near the bridge of Canal minor in the area of village Daulewala, secret information was received by ASI Surinder Singh that accused Kala Singh aforesaid resident of village Daulewala was peddling poppy husk and on that day he was sitting in the sand pits near his village and was selling poppy husk and if raid be conducted, he could be arrested with large quantity of poppy husk. Finding it to be reliable, ASI Surinder Singh sent ruqa to the police station for registration of the case and on the basis of which, formal FIR under Section 15 of the NDPS Act was registered against the accused. He also directed that the special reports be sent to the senior police Officer. After sending ruqa, ASI Surinder singh along with his police party raided the aforesaid stated place where accused Kala Singh was found present and accordingly he was arrested. Two bags of poppy husk were recovered from his possession. ASI Surinder Singh told accused Kala Singh that he could opt his search in the presence of some Magistrate or Gazetted Officer. Acccused Kala Singh opted his search in the presence of Gazetted Officer regarding which non -consent memo was prepared. DSP Partap Sarangal of Sub Division Dharamkot was called at the spot. On his reaching at the spot, the DSP introduced himself to the accused by disclosing his rank and identity. He gave offer of search to the accused and the latter opted his search in his presence and regarding which consent memo was prepared. On the direction of the DSP, ASI Surinder Singh conducted search of two gunny bags, from which poppy straw was recovered. ASI Surinder Singh took one sample of 250 grams each from the recovered bags of poppy straw and converted the same into separate parcels. The remaining poppy straw in the bags was weighed and each of the bag was found to have contained 29kgs 750grams of poppy straw. Separate two parcels were prepared. All the parcels were sealed by ASI Surinder Singh with his seal mark SS and by DSP Partap Sarangal with his seal of mark PS. The acccused could not produce any licence or permit for possessing the aforesaid poppy straw in his possession. Various proceedings were conducted at the spot. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.

(3.) ON appearance of the accused, copies of documents were supplied to the accused free of costs. Charge under Sections 15 of the NDPS Act was framed against the accused to which he pleaded not guilty and claimed trial.