GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDIAL Singh -appellant has assailed the judgment of conviction dated 19.05.2004 and order on sentence of even date recorded by Sh. Surinder Gupta, the then Judge, Special Court, Patiala, whereby, the appellant was convicted for keeping in his possession 11 kg. of poppy husk without any permit or licence. Thereby, committing an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter to be called as 'NDPS Act'), the appellant was awarded sentence to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/ -. In default of payment of fine, to further undergo rigorous imprisonment for 1 month.

(2.) BRIEFLY prosecution story is like this; that on 30.03.2003, ASI Balwant Singh alongwith police officials was going towards Lohsimbli from village Unthsar side. On reaching the bank of Ghaggar, the accused - appellant was seen coming from village Dirba side, carrying plastic bag on his right shoulder. On the basis of suspicion, he was apprehended. In the meantime, Manjit Singh PW reached there and was joined in the police party. ASI Balwant Singh, then told the accused -appellant that he was suspecting that he (accused -appellant) was possessing some narcotic substance and thus he wanted to take search of the aforesaid bag. ASI Balwant Singh, gave option to the accused as to if he wanted the search of his bag conducted by a Gazetted Officer or a Magistrate. However, accused -appellant, reposed confidence in ASI Balwant Singh. Consent memo. Ex. PA was prepared. Search of the bag was carried out by ASI Balwant Singh and found the same containing poppy husk. Two samples of 250 grams each were taken out from the recovered poppy husk. The remainder was weighed to 10 kg 500 grams. It was put into the same bag and made into a parcel. Two sample parcels were separately prepared. All the samples were sealed with the seal of 'BS'. Sample seal Ex.P1 was also prepared. Seal after use was handed over to Manjit Singh PW. The case property was taken into police possession vide memo. Ex. PB. Ruqa Ex. PD was sent to the police station for registration of the case, whereupon, formal FIR Ex.PD/1 was recorded. Site plan Ex. PE was prepared. Accused was arrested. On return to the police station, ASI Balwant Singh deposited the case property with MHC of the police station.

(3.) STATEMENT of witnesses were recorded. After completion of investigations, challan was put in the Court against the accused -appellant.