MANGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 15.03.2004, passed by the learned Judge, Special Court, Kapurthala, vide which accused-appellant Manga 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 one and a half year and to pay a fine of Rs.15,000/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) As per the prosecution case, on 21.08.2000 PW5 ASI Gian Chand, (the Investigating Officer) along with Head Constable Narinderjit Singh and other police employees was on patrol duty and when they were little ahead of Government School, Biharipur, Balkar Singh met them per chance. The Investigating Officer was talking with him. In the meantime, one person was seen coming on foot while carrying a plastic bag on his head from the side of village Sialan. On suspicion, he was apprehended. On checking his plastic bag, it was found containing poppy husk. On enquiry, he disclosed his name as Manga son of Jagga, resident of village Kahlwan. From the recovered poppy husk, 250 grams poppy husk was separated as sample and on weighment, the residue was found to be 6 kilograms and 750 grams. The sample was converted into a separate parcel and the residue was put in the same plastic bag. The sample parcel and residue were sealed by the Investigating Officer bearing seal impression 'GC' and were taken into possession vide separate recovery memo Ex.PC, which was attested by the witnesses. The seal after use was handed over to HC Narinderjit Singh. The accused was arrested. Ruqqa Ex.PD was sent to the police station. On the basis of which, formal FIR Ex.PD/1 was registered. The Investigating Officer prepared the site plan of the place of recovery Ex.PE.

(3.) On return to the police Station, accused, witnesses and the case property were produced before SI Hardeep Singh, the SHO, Police Station Sadar, Kapurthala, who verified the recovery. He put his seal bearing impression 'HS' on the parcels of the case property and sample seal chit. Case property was deposited with the Moharir Head Constable Ram Lal. On 22.08.000, the Investigating Officer, took the case property from the MHC and produced the same before the Illaqa Magistrate, who had seen the case property and passed his order Ex.PG. The sample was sent to the Chemical Examiner, Jalandhar for examination. On receipt of the report of the FSL Ex.PH and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (here-in-after called 'Cr.P.C.') was presented in the Court.