KAKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted by Shri- S.S. Tiwana, Additional Sessions Judge, Patiala for offence under section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter in short the Act') and was Appeal allowed sentenced to undergo RI for ten years with a fine of rupees one lac, in default to further undergo RI for 2-1/2 years.

(2.) The factual matrix of the case is that on 17th December, 1985, Head Constable Megh Raj of Police Station Samana was going on his routine patrol duty from village Kulahran to village Behmana alongwith police constables Amarjit Singh and Satnam Singh. At about 11.30 AM, they saw the accused coming by the canal minor inspection road on cycle in the area of village kulahran. Seeing the police party the accused appellant tried to retreat. On suspicion he was arrested by Head Constable Megh Raj. They found in his possession a gunny bag containing fiteen kilograms of crushed poppy heads, from out of which 100 grams stuff was taken as sample. Both articles were sealed separately by the Head Constable. Megh Raj Head Constable sent ruqqa Ex. PC to Police Station Saman wherein a case was registered under section 0 of the Opium Act, 1978. During investigation, sample of contraband sealed articles was sent to the Chemical Examiner who after examination opined that it contains powder poppy husk.

(3.) The accused appellant pleaded not guilty. His plea was that of false implication.