MANOJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 04.11.2014 passed by Shri Ajaib Singh, Special Judge, Fatehgarh Sahib, vide which the accused/appellant has been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (in short "the Act") and sentenced to undergo rigorous imprisonment for a period of one year and six months and to pay fine of Rs. 15,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) BRIEFLY stated, the facts as enumerated from the record are that on 09.10.2013 at about 7.30 AM, SI Satinder Kumar along with fellow officials was on patrolling duty near sign board at Platform No.1, Railway Station Sirhind. The accused was seen going friskily towards the outer side and was carrying a plastic bag in his right hand. On seeing the police party, he tried to whisk away. On the basis of suspicion, he was apprehended by the police party. SI Satinder Kumar disclosed his identity to the accused and told him that some contraband is suspected to be in the bag carried by him and showed his intention to search the bag. He also apprised the accused that he can be searched before the Magistrate or a Gazetted Officer but the accused reposed confidence in SI Satinder Kumar. Accordingly, the bag was searched which led to recovery of poppy husk. The accused failed to produce any license or permit for keeping the same. Thereafter, two samples of 250 gms each were taken out. On weighment, the remaining poppy husk was found to be 11 kg 500 gms. The samples as well as the remaining poppy husk were made into parcels and sealed with seal "SK". The sample of seal was also prepared. The sealed case property was also taken into possession vide separate memo. Ruqa was sent to police station, on the basis of which, formal FIR was registered. Investigation was carried out. The accused was arrested. The statements of witnesses were recorded. After completion of investigation, challan against the accused was presented in court.

(3.) ON presentation of challan, copies of same as envisaged under Section 207 Cr.P.C were supplied to the accused free of costs.