CHHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against judgment dated 26.8.2002 passed by the Judge Special Court, Mansa whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") keeping in possession 280 kgs of poppy husk without any permit or licence, as extracted hereinbelow: - U/s 15 of the Act To undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 01 Lakh. In default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) THE facts, in brief, are that on 11.10.1995, SI Rupinder Kumar, along with police officials, was on patrol duty and present at Naka point, Khokhar Road, Mansa Mandi. A secret information was received that Fauja Singh son of Babu Singh, Kala Singh son of Ajmer Singh, Harbans Singh son of Mohinder Singh, Chhinder Kaur daughter of Amarjit Singh, Hamiro wife of Hira Singh residents of Rohti Chhana Lohana, Police Station, Natha are coming in a blue colour van bearing registration No. 10 - C -0938 driven by Sukhjinder Singh driver and they are carrying poppy husk in the van which is standing on pucca Khal of Sirsa -Mansa road. Ruqa was sent to the police station for registration of case through Constable Paramjit Singh. The remaining police party proceeded towards the disclosed place. On seeing the police party, three men and a woman got down from the van and ran towards the fields. Sukhjinder Singh and Chhinder Kaur were apprehended on the spot, along with van and incriminating material. Before conducting the search, the accused were asked if they wanted to be searched before a gezetted officer or a Magistrate. The accused disclosed that they wanted to be searched before a gazetted officer. Joginder Singh Kahlon, Deputy Superintendent of Police, Mansa was summoned to the spot in whose presence, search of the van was conducted and 08 bags of poppy husk were recovered each containing 35 kgs. 100 gms were separated as a sample from each bag. The samples and bulk were separately sealed with the seals bearing impression 'RK' and taken into police possession vide recovery memo Ex. PD. The personal search of the accused was conducted but nothing was recovered. Site plan Ex. PF was prepared. The accused were formally arrested. The case property was deposited in the police Malkhana and the accused were lodged in the police lock up.

(3.) ON the next day, the case property and the accused were produced before the Illaqa Magistrate. The sample parcels were sent to chemical examiner for analysis. On receipt of report of the chemical examiner and investigation being completed, charge sheet was submitted in the Court for commencement of trial.