LAWS(P&H)-2015-2-619

HARDEV SINGH Vs. STATE OF PUNJAB

Decided On February 19, 2015
HARDEV SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 27.11.2013 passed by Shri Raj Kumar, Judge, Special Court, Mansa vide which the accused -appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 ( in short the Act) and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/ - and in default thereof to further undergo rigorous imprisonment for a period of one month.

(2.) BRIEFLY stated, prosecution story is that on 26.09.2010 ASI Jagdev Singh along with other police officials was going in a Government Vehicle bearing registration No. MH -15/TR(T) RT 816 Scorpio being driven by PHG Hari Singh. The police party was on patrol duty and checking of suspected persons. When the police party reached on the bridge of the minor in the area of village Narinderpura after crossing the bridge of the minor, one person was seen sitting below the papal tree. He was tying the string of bag. On seeing the police party, he became perturbed. ASI Jagdev Singh got stopped the vehicle on suspicion and apprehended him with the help of other police officials. In the meantime, from the side of Kulheri, Hansa Singh panch came and was joined in the police party. On asking the apprehended person, he disclosed his name as Hardev Singh son of Ajmer Singh. SI introduced himself to the accused and stated that he suspected some intoxicating material in the plastic bag and search of the bag has to be conducted and further offered the accused that if he so desired then some Gazetted Officer or Magistrate could be called at the spot. Accused reposed confidence on the investigating officer. His statement to that effect was recorded. Then plastic bag was open and from the same poppy husk was recovered. One sample of 100grams was separated and separate parcel was prepared. The remaining poppy husk was weighed and found to be 25kgs along with plastic bag. The sample parcel and the remaining poppy husk were sealed by him with his seal bearing impression 'JS'. Seal after use was handed over to HC Gamdoor Singh. Case property was taken into possession. Accused was arrested. He also prepared rough site plan of place of recovery with correct marginal notes and further recorded statements of the witnesses. After receipt of report of FSL, and completion of formal investigation, challan against the accused was presented in Court for his trial.Criminal Appeal No. S. 4322 SB of 2013 3

(3.) ON presentation of challan, copies of documents were supplied to accused free of costs as required under section 207 Cr.P.C. Charge under Section 15 of the Act, was framed against the accused. Accused pleaded not guilty and claimed trial.