GOPI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried and convicted by the learned Additional Sessions Judge Patiala, on a charge for offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 20 kilograms of poppy husk. He was awarded sentence of rigorous imprisonment for ten years and fine of Rs. 1,00,000/- or in default of payment thereof to further undergo rigorous imprisonment for two and a half years. Feeling against his conviction and sentence, he has come up in appeal.

(2.) In brief, the facts of the prosecution case are that Assistant Sub-Inspector Gurlal Singh (P.W.3) alongwith Constable Ranjit Singh (P.W. 1) and other police officials, was proceeding from Village Jogewal to village Naiwala in the course of usual patrolling. When this party reached near the canal bridge on the Bhakra canal in the area of Village Naiwala, Gopi Ram accused happened to accost. He tried to slip away at the sight of the police party, which resulted in his apprehension. He was found carrying a gunny bag on his head. The gunny bag contained 20 kilograms of poppy husk. A sample of 200 grams of poppy husk was separated and sealed while the remaining poppy husk was also seized after putting in a sealed parcel. The sample of poppy husk was sent to the Chemical Examiner, who vide report (Exhibit P.D.) confirmed it to be of poppy husk due to the presence of morphine and meconic acid therein.

(3.) After completion of investigation, the accused was arraigned for trial on such, like allegations by submitting the charge, sheet before the trial Court.