LAWS(P&H)-2015-9-33

BALWINDER SINGH Vs. STATE OF PUNJAB

Decided On September 11, 2015
BALWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 13.07.2004, passed by the learned Judge, Special Court, Kapurthala, vide which accused -appellant Balwinder Singh alias Kala has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after called the 'Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 25,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for four months.

(2.) AS per the prosecution case, on 30.06.2000 PW2 ASI Davinder Singh, (the Investigating Officer) along with Head Constable Dilbag Singh and other police officials was present at T point of village Chak Dona while holding Nakabandi, in connection with crime detection. After some time, Kulwant Singh resident of village Chak Dona came there. He was joined in the police party. At about 8:00 P.M., one person was seen coming from the side of village Chak Dona while carrying something heavy on his head. With the help of torch, he was asked to stop. On enquiry, he disclosed his name as Balwinder Singh alias Kala, the present appellant. The plastic bag, carried by him, was checked and it was found containing poppy husk. 250 grams of poppy husk was taken out as sample and the residue came to be 11 kilograms and 750 grams. The sample as well as residue were sealed in separate parcels with seal bearing impression 'DS' and all these articles were taken into possession vide recovery memo Ex. PB. The seal after use was handed over to HC Dilbag Singh. The accused was arrested vide memo Ex. PE. Ruqqa Ex. PC was sent to the police station. On the basis of which, formal FIR Ex. PA was registered. The Investigating Officer prepared the site plan of the place of recovery Ex. PD.

(3.) THE accused appellant was charge sheeted for the offence punishable under Section 15 of the Act vide order dated 04.08.2000 by the learned trial Court, to which the appellant pleaded not guilty and claimed trial.