DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant faced trial of the charge for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short to be referred to as "the Act") for being found in possession of 40 bags of poppy -husk each containing 30 kgs. of quantity on 26.09.1994 at about 06.15 a.m. Learned trial Court convicted the appellant of the said charge and awarded him the sentence to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac, in default of making payment of fine to further undergo rigorous imprisonment for six months. As per custody certificate produced by learned State counsel, the appellant was released in the instant case on 16.11.2005 after completing his (tm)(tm) sentence by giving him remissions of five years, 10 months and 24 days but payment of fine was pending. He is also undergoing imprisonment in certain other FIRs.

(2.) THE prosecution story briefly stated is that;

(3.) BOTH the bags were removed from the rear seat of the scooter and each bag was found containing 30 kgs. of poppy -husk. One sample of 250 gms. of poppy -husk was separated from each bag and prepared into sealed parcels. The sample parcels and gunny bags containing rest of the poppy -husk were sealed with seal bearing impression 'JS' of the Investigating Officer and seal after use was handed over to Karnail Singh PW. The scooter recovered was without any document. From the pocket of the trousers which the appellant was wearing, the cash amount of Rs. 24,300/ - was recovered. The recovery memo of the case property prepared by the Investigating Officer is Ex. PC and the personal search memo is Ex. PB. Investigating Officer also prepared rough site plan Ex. PH.