KUNDAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this appeal the appellant-Kundan Singh has assailed the judgment and order of sentence dated 02.06.2004 passed by learned Judge, Special Court, Sangrur vide which he was held guilty for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act") in criminal case bearing FIR No.154 dated 29.06.2000, Police Station, Dhuri and sentenced thereunder.

(2.) The prosecution version in nutshell was that on 29.06.2000 Atma Singh, Sub-Inspector, Incharge CIA Staff Bahadur Singh Wala along with ASI Harminder Singh and other police officials was going from village Bhalwan to Samundgarh Channa via metalled road in connection with checking of suspects on a Government vehicle No.PB-13-B-1580. When the police party went ahead of village Bhalwan by a distance of about 1/2 K.M., then from the front side, one person was seen coming on foot while carrying a plastic bag on his head. On seeing the police party he retreated at once, but he was anyhow apprehended by the police party on the suspicion. During interrogation he told his name as Kundan Singh son of Lalu resident of Samudgarh Channa. SI Atma Singh asked from him that he has suspicion that there is narcotic in his plastic bag, as such, he wants to take search of this bag. He further offered him that in case he desires that his search be conducted from any Magistrate or Gazetted Officer, then arrangement could be made for that. But the accused reposed confidence in him and the consent memo in this regard was prepared. During search of his said bag, it was found to be containing poppy husk, out of which two samples of 250 grams each were separated and its remaining contents were found to be 19 1/2 K.Gs. on weighment. Both the sample parcels and the bag containing remaining poppy husk were sealed by SI Atma Singh with his seal of "AS". Specimen seal was prepared separately. Abovesaid all the parcels duly sealed alongwith the specimen seal were taken into police possession vide a memo since the accused could not produce any license to keep this narcotic in his possession. Ruqa was sent to the Police Station on the basis of which instant case was registered. Accused was formally arrested in this case after disclosing him grounds of his arrest. Site plan of place of recovery was prepared. On returning to the Police Station, case property was produced along with the accused before SHO Police Station, Dhuri, who verified the facts of the case and sealed the parcels of case property and specimen seal chit with his seal. Case property was deposited with MHC. Statements of witnesses were recorded. On the completion of investigation, challan against the accused was presented in the Court of learned Judge, Special Court, Sangrur.

(3.) After making compliance of the provision of Section 207, Cr.P.C. and on finding a prima facie case punishable under Section 15 of the Act against the accused, he was charge-sheeted accordingly to which he pleaded not guilty and claimed trial.