CHAMAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Chaman Lal has preferred the instant appeal against the judgment of conviction and order of sentence dated 30.10.2007, passed by Special Judge, Rupnagar, vide which he has been held guilty for the commission of offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein referred as 'the Act') and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under the aforesaid Section.

(2.) BRIEF facts of the prosecution case are that on 14.09.2006, when Sub Inspector Parshotam Chand alongwith the police party was on patrolling at old bus stand, Ropar, he received a secret information to the effect that the accused, who was in the habit of eating and selling poppy husk, at that time was present near the turning of Nirankari Bhawan and he was selling the poppy husk @ Rs.50/ - per glass. It was also informed that the accused had placed a white colour bag on the seat of his scooter. On the basis of secret information, ruqa was sent to the police station on the basis of which FIR was registered. Thereafter, the police party reached the disclosed place and found the accused present there. The scooter was lying parked near the accused and a plastic bag was also placed on the seat of the scooter. The mouth of the said bag was open and the poppy husk was visible from the bag. The accused tried to run away on the scooter but he was apprehended. Two samples of 250 grams each of poppy husk were taken from the said bag. The remaining poppy husk, on weighing, came to 91/2 kg. regarding which the sealed bulk parcel was also prepared. Both these packets were sealed and were taken into police possession vide recovery memo Ex.PW1/C. Rough site plan of the place of occurrence was prepared and the scooter was also taken into police possession. Accused was arrested. Statements of witnesses were also recorded.

(3.) ON return to the police station, the Investigating Officer produced the accused, the abovesaid recovered articles and the witnesses before Sub Inspector Manvir Singh, SHO of said Police station, who after satisfying himself regarding the genuineness of the case, verified the packets and then affixed his seal bearing impression 'MS' on all the aforesaid packets. Specimen seal was also prepared. Then Sub Inspector Manvir Singh, SHO, deposited all the aforesaid articles with MHC Bhajan Singh. On the next day, case property was produced before the Chief Judicial Magistrate, Ropar, who after initialed both the sample packets, broke open the case property and extracted sample of 250 grams from it and sealed the said sample with seal bearing impression 'HKR'. Chief Judicial Magistrate, Ropar also initialed the case property. Photographs regarding proceedings in that Court were also taken. Then on the orders of Chief Judicial Magistrate, Ropar, the case property was deposited with the judicial 'malkhana'. After completion of investigation, challan against the accused was presented before the court.