LABH SINGH @ LABHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant has directed the present appeal against the judgment of conviction and order of sentence dated 09.11.2002 passed by Shri V. P. Soni, Special Judge, Sangrur, vide which the accused/appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/ - and in default thereof, to further undergo rigorous imprisonment for a period of one month.

(2.) THE prosecution story in brief is that on 05.01.1998, ASI Balbir Singh along with his fellow officials was on patrolling duty near canal minor in the area of village Bhatiwal Kalan. The accused was seen coming on scooter with a bag on it. On the basis of suspicion, he was apprehended. ASI Balbir Singh told the accused that his bag is required to be searched and if desired, the search can be conducted in the presence of a Gazetted Officer or a Magistrate. The accused opted to be searched in the presence of a Gazetted Officer. Accordingly, his consent statement was recorded which was thumb marked by C. Jatinder Mohan. DSP Rajbachan Singh was called to reach the spot. Accordingly, DSP reached the spot and disclosed his identity to the accused. Accused opted to get himself searched by the DSP. Accordingly, memo was prepared. The bag was searched and poppy husk was recovered from there. Out of it, two samples of 250 gm each were separated and the remaining poppy husk was put in the same bag. The remainder was also weighed and found to be 18 kgs. The samples and remainder were sealed in separate parcels and sealed with seal bearing impression 'BS'. Sample seal was also prepared. The seal after use was handed over to the NC Paramjit Singh. The entire case property along with scooter bearing registration No. CH01 -A -1045 were taken into police possession. From the personal search of accused, Rs. 230/ - were recovered which were taken into possession vide separate memo. Ruqa was sent to the police station on the basis of which, formal FIR was recorded. The accused was arrested. Statements of witnesses were recorded. After completion of necessary investigation challan against the accused was presented in the Court.

(3.) COPIES of the documents as envisaged under Section 207 Cr.P.C, were supplied to the accused free of costs. On finding a prima facie case made out against the accused, charge under Section 15 of the Act was framed against the accused, to which, he pleaded not guilty and claimed trial.