AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal has been filed by appellant-Ajit Singh challenging the impugned judgment of conviction and order of sentence dated 20.2.2004 passed by learned Judge, Special Court, Patiala, whereby he has been held guilty and convicted for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). He has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Section 15 of the Act.

(2.) The appeal was admitted. Notice was issued to the learned Advocate General, Punjab. Mr. B.S. Bhullar, learned Assistant Advocate General, Punjab, has put in appearance on behalf of the respondent-State and contested this appeal. The record of the lower Court was also summoned.

(3.) The brief facts of the prosecution case are that on 23.11.2000, ASI Kehar Singh along with his Police party after joining PW Mihan Singh held a 'Naka' and the accused Ajit Singh, who was coming on foot, carrying a bag on his head was apprehended on the basis of suspicion. From the said bag poppy husk was recovered, out of which two samples of 250 grams each were separated and remaining poppy husk came to 9.5 kgs. The parcels of the samples were prepared, sealed and the case property was taken into possession vide recovery memo Ex.PB. Site plan was prepared. The accused was arrested. The statements of witnesses were recorded. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was recorded and on return to the Police Station the case property, PWs and the accused were produced before SI/SHO Krishan Kumar, who after verifying the factum of recovery affixed his seal bearing impression 'KK' on the case property.