HARMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Harmail Singh has filed the present appeal against the judgment of conviction and order of sentence dated 04.05.2004, passed by the learned Judge, Special Court, Patiala, vide which he has been held guilty for the commission of offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the Act') and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under the aforesaid Section.

(2.) Brief facts of the prosecution case are that on 14.05.2003, ASI Jaswinder Singh alongwith other police official was going on scooter for patrol duty. When they reached in front of the house of Amar Kaur, they saw a young person in her room, who on seeing the police party, tried to escape but on suspicion, he was apprehended by ASI Jaswinder Singh. A plastic bag was also found there near the bed and some quantity of poppy husk was lying scattered. A weighing scale and three weights of 500 grams, 200 grams and 50 grams were also lying there. On weighment, the poppy husk came to be 17 kgs. Out of the said poppy husk, two samples of 250 grams each were separated and parcels of the samples were prepared and sealed with the seal bearing impression 'JS'. The case property was taken into police possession vide recovery memo Ex.PA. Ruqa was sent to the police station on the basis of which formal FIR was registered. Accused were arrested. Rough site plan was prepared and statements of witnesses were recorded. After necessary investigation, challan against the accused was presented before the Court.

(3.) The prosecution, in support of its case, examined PW1 ASI Jaswinder Singh, Investigating Officer, who deposed regarding the investigation of the case. PW2 Constable Surjit Singh is a formal witness, who tendered into evidence his affidavit Ex.PJ. PW3 Inspector Harbhajan Singh, SHO, who deposed that on 14.05.2003, when he was present in the police station, ASI Jawinder Singh produced case property before him and he (PW3) verified the factum of recovery and found to be correct and affixed his seal on all the parcels. Thereafter, he directed ASI Jaswinder Singh to deposit the case property with MHC Surinder Singh. PW4 Head Constable Surinder Dutt is a recovery witness, who joined the police party headed by ASI Jaswinder Singh. He deposed as per prosecution version. PW5 Head Constable Surinder Singh is the formal witness, who tendered into evidence his affidavit Ex.PK.