MITHU KHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this order above mentioned two appeals would be disposed of.

(2.) APPELLANT Mithu Khan had faced trial in FIR No. 367 dated 11.12.2001, registered at Police Station Dhuri. Prosecution story, in brief, is that Inspector Sardara Singh along with other police officials were present at Tpoint village Kanjhla/Changal road in connection with patrolling/nakabandi. Pohla Singh was joined with the police party. At about 1.30 P.M., a Tata Sumo was seen coming from the side of village Kanjhla. The said vehicle was signaled to stop. The driver of the vehicle disclosed his name as Mithu Khan. The number of the vehicle was CH -03 -7740. Five bags were lying in the back portion of the car. Mithu Khan was apprised of his right that he could get the bags searched in the presence of a Magistrate or a gazetted officer as it was suspected that there was some intoxicant substance in the bags. Mithu Khan opted to get the search effected in the presence of a gazetted officer. Harjit Singh Pannu, Deputy Superintendent of Police ('DSP' for short) was requested to reach the spot. On his arrival, DSP Harjit Singh Pannu introduced himself to Mithu Khan. Mithu Khan reposed faith in the DSP. When the bags were searched, it was found that they contained poppy husk. Out of the five bags, two samples of 250 grams each, were separated. The remaining poppy husk on weighment from each bag, came 34 kilograms and 500 grams. The bags were made into parcels and the samples were also made into parcels. The samples as well as the bags were sealed with seals bearing impressions 'SS' and 'HSP'. Sample seal was prepared. Case property was taken in possession. Ruqa was sent to the police station for registration of the case. On return to the police station, case property was produced before Station House Officer Joginder Singh who verified the same and affixed his own seal on the case property bearing impression 'JS'. He also attested the sample seal chit. After completion of investigation and necessary formalities, challan was presented against appellant Mithu Khan. Charge was framed against appellant Mithu Khan under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) vide order dated 15.3.2002.

(3.) IN order to prove its case, prosecution examined six witnesses during trial.