GEJO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Gejo has challenged in the present appeal the judgment of conviction and order of sentence passed by the learned trial Court under Section 15 of NDPS Act.

(2.) ON 15.02.2000, PW3 Inspector Surinder Pal Singh, SHO of P.S., Barnala, received a secret information that accused Gejo was in possession of poppy husk. Report Ex.PA was prepared and the same was sent to the police station for registration of a case. The First Information Report Ex.PA was registered by Avtar Singh. PW3 along with PW4 ASI Gurcharan Singh proceeded to the house of accused Gejo having joined Paramjit Kaur as an independent witness, who was examined as DW2 and conducted raid at the house of the accused at Barnala. Gejo was found sitting on two bags containing some materials. PW3 informed accused Gejo that he suspected that the bags contained illegal articles. He also informed the accused that she has a right to get herself searched either in the presence of a Gazetted Officer or a Magistrate. As per the wishes of the accused, a wireless message was sent to PW1 DSP Balwant Singh, who arrived at the house of accused Gejo. In the presence of PW1, search of the bags was conducted. Each bag was found to contain 35 Kgs of poppy husk. Two samples of 250g of poppy husk from each of the two bags were drawn. The samples as well as the remaining bulk quantity was separately parcelled and sealed. Personal search of the accused was conducted by DW2 Paramjit Kaur who recovered a sum of Rs.65/ - from her possession vide memo Ex.PC. Disclosing the ground of arrest, accused was arrested. The accused as well as the case property was produced before PW2 M Avtar Singh. The accused was remanded to judicial custody. PW4 produced the case property along with the samples drawn therefrom before the Judicial Magistrate, Barnala and as per his directions, the case property along with samples was deposited with PW2 M Avtar Singh. The samples sent for examination by FSL, turned out to be poppy husk.

(3.) THE accused took up a plea in her statement under Section 313 that she was innocent. No recovery was effected from her but unfortunately, a false case was registered against her.