SURJAN SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SURJAN Singh is aggrieved by the conviction and sentence recorded against him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") by the Special Judge, Ferozepur.

(2.) THE circumstances leading to the trial of the Appellant are that on 14.1.1994 Inspector Bhagwan Dass, SHO, Police Station, Zira and other police officials were proceeding from the side of Sugar Mill, Zira towards village Sadhuwala along the bank of canal minor on Gypsy. The police party had merely covered a distance of about 2 -1/2 killas from the Jaura Bridge, when they saw a trolley standing in the bunch of trees on the right side of canal minor. On the trolley, Surjan Singh was sitting and he was apprehended on suspicion. The Inspector had then sent a wireless message to Dev Raj, DSP, Zira to reach on the spot, who reached within 20 minutes and after recording the statement of the Appellant searched the trolley and found 27 gunny bags lying therein each containing 40 KG of poppy husk. A sample of 250 grams was taken from each of the gunny bags and sealed with seal 'BD'. The remaining poppy husk was also taken into possession through separate recovery memo. On personal search of the Appellant, recovery of currency notes worth Rs. 150/ - was made from his shirt and the same were taken into possession through memo Ex. P3. After apprising the Appellant of grounds of his arrest, a ruqqa was sent to Police Station, Zira for recording a formal FIR. Case property was deposited in the malkhana and the samples were forwarded for chemical examination to the office of Chemical Examiner at Bhatinda. On receipt of the report of the Chemical Examiner a challan was put in Court under Section 15 of the Act.

(3.) TO prove its case, prosecution examined ASI Bachan Singh as PW1, Inspector Bhagwan Dass as PW2, Dev Raj, DSP as PW3 and Constable Sukhchain as PW4 and closed its evidence.