BILLU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of conviction dated 15.09.2004 and order of sentence dated 16.09.2004 passed by the Special Judge, Ferozepur, whereby the accused -appellant, Billu, has been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac for commission of an offence punishable under Section 15 of Narcotic Drugs & Psychotropic Substances Act (for brevity 'the NDPS Act'). In default of payment of fine, he was further sentenced to undergo rigorous imprisonment for 1 year.

(2.) BRIEF facts of the case are that on 21.03.1997, ASI Dev Raj along with other police officials was going, under the supervision of ASI Jaspal Singh, from Kot Ise Khan towards village Gehliwala in a private vehicle. When they reached near the bridge (canal minor) of village Gehliwala, three persons were found sitting on two bags and seeing the police party, they became perplexed. On the basis of suspicion, ASI Dev Raj, apprehended accused -appellant, Billu with the help of other police officials. The remaining two accused were apprehended by ASI Jaspal Singh and ASI Gurbhej Singh and initiated separate proceedings against them. ASI Dev Raj asked the accused -appellant, as to whether he wanted to be searched in the presence of a Gazetted Officer or Magistrate, whereupon he opted to be searched in the presence of some Gazetted Officer. His consent memo (Ex.P8) was prepared accordingly. Thereafter, a message was sent to DSP, Zira requesting him to reach at the spot. After sometime, Mr. Nachhattar Singh, DSP reached at the spot. Thereafter, on conducting the search of the bags, on which the accused -appellant was sitting, the same were found to be containing poppy husk, out of which, separate samples of 250 grams were separated and converted into a parcels. The remaining poppy husk contained in two bags, on weighment, came to be 64.500 Kgs (i.e. 32 Kgs each). The same were also converted into separate parcels. All the parcels were sealed by ASI Dev Raj with his seals bearing impressions 'DR' and taken into police possession vide separate recovery memos. Accused -appellant was formally arrested and currency notes of Rs.15/ -were recovered from him, which were taken into possession vide jamatalashi memo (Ex.P9). After completion of necessary formalities, challan was prepared and presented before the Court.

(3.) AFTER presentation of the challan, charge under Section 15 of the NDPS Act was framed against the accused -appellant, to which, he pleaded not guilty and claimed trial.