MADAN LAL ALIAS MADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT -Madan Lal alias Maddi has filed this appeal being aggrieved by the judgment of conviction and order of sentence dated 23.07.2003 passed by the Special Judge, Fatehgarh Sahib, vide which the appellant was convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) THE case of the prosecution in brief is that the FIR (Ex.P - 9) was lodged on the basis of ruqa (Ex.P -8) sent by ASI Ajaib Singh. As per the ruqa, ASI Ajaib Singh along with Head Constable Kashmiri Lal, PHG Jai Singh, SPO Rattan Singh had gone for patrolling in a Government vehicle and when the police party reached near 'T' point Mathi after patrolling, through Jalberi Thumi, Phatak Majri, Sadhugarh etc. then one person was noticed coming on foot, who was carrying a bag on his head. The police party asked the person to stop as there was suspicion that he was carrying some contraband. On being asked what he was carrying in the bag, the accused could not tell anything satisfactorily regarding the contents of the bag and accordingly he was told that the bag is to be searched and as to whether he wants the search to be conducted in the presence of the Magistrate or some Gazetted Officer. The accused -Madan Lal opted to be searched in the presence of some gazetted officer and signed the consent memo in this regard. A wireless message was sent to the DSP who reached the spot and the bag was searched which was carried by the accused -Madan Lal.

(3.) ON search, which was conducted in front of officials as well as witnesses, 25 Kgs of poppy husk was found in the bag. After completing all the formalities, samples of the poppy husk were drawn and the accused was arrested. The contraband was sent to the Chemical Examiner, Patiala. On analysis, it was found that the sample was that of a poppy husk. The accused was charge sheeted to which he pleaded not guilty, however, on examination of the witnesses of the prosecution, the trial Court held the accused guilty under Section 15 of the NDPS Act and sentenced him to undergo rigourous imprisonment for two years and to pay a fine of Rs.2,000/ - for being found in illegal possession of 25 kgs of poppy husk.