BALBIR SINGH ALIAS BEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by Balbir Singh alias Beera accused (hereinafter referred to as the appellant) is directed against the judgment of conviction dated September, 11, 1998 and order of sentence dated September 14, 1998, passed by the learned Special Court, Mansa, whereby he was ordered to undergo Rigorous Imprisonment for 10 years witli a fine of Rs.1,00,000/- (Rs. One lac). In default of payment of fine, he was further ordered to undergo Rigorous Imprisonment for a period of one year, for an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) Briefly stated, on May 19, 1997, at about 10.45 a.m., the police party headed by S. I. /S. H. O. Baljit Singh, Police Station, Sardulgarh, was present at Bus Stand of village Karandi. At that time, a secret information was received by the S. H. O. to the effect that the appellant was selling the poppy husk on sangha Dingh Pucca road, and if a raid was conducted, he could be apprehended with the incriminating material. Baljit Singh, who is also the Investigating Officer in this case, then proceeded to the above place. On the way, PW Harbans Singh son of Harnam Singh resident of village Sangha, also met him. He too, was joined in the police party. On reaching the aforesaid place, the appellant was iound sitting on the bags containing poppy husk, who on seeing the police party, tried to run away, but was apprehended there and then at the spot. Wireless message was also sent to the D. S. P. Mr. Iqbal Singh, who too, reached at the spot and thereafter, the appellant was given the option of being searched either in the presence of a Magistrate or a Gazetted Officer, whereupon, he opted to be searched in the presence of a Gazetted Officer. Thereafter, the appellant was searched personally and at the same time, the bags over which the appellant was found sitting were taken into possession. In all, number of bags was eight. Each bag contained 36 KG of poppy husk. 100 grams of poppy husk from each bag was taken out as sample. After that, the samples and the remaining case property were taken into possession vide recovery memo Ex. PD and thereafter, ruqa Ex. PE was sent to the Police Station, on the basis of which, formal F. I. R. Ex. PA was recorded. The Investigating Officer after preparing the inventory also prepared the rough site plan Ex. PF of the place of occurrence. On return to the police station, the case property as well as the samples duly sealed at the spot with the seal of 'BS' were deposited with the MHC. On receipt of the report Ex. PK of the Chemical Examiner and after completion of the formal investigation, the appellant was challaned for having committed an offence punishable under Section 15 of the Act. He was duly charge sheeted under Section 15 of the Act, to which he pleaded not guilty and claimed trial.

(3.) The prosecution in order to substantiate its case, examined S. I. Jagdish Kumar - PW1, Constable Baldev Singh PW-2, S. I. Baljit singh PW-3, the Investigating Officer of this case and A. S. I. Sukhwinder Singh. PW-4 Harbans Singh PW was, however, given up by the prosecution, as having been won over by the appellant. The prosecution also tendered into evidence documents Exs. PA to PK.