SURJIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been directed against the judgment of conviction and order of sentence dated 07.07.2003 passed by the Judge, Special Court, Patiala whereby the appellants have been convicted and sentenced for commission of offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the Act') pertaining to F.I.R. No. 474 dated 21.06.2001 registered in Police Station Samana, Patiala in regard to recovery of five bags of poppy husk containing 35 kgs. each, extracted hereinbelow: -

(2.) THE facts relevant for disposal of the present appeal are that on 21.06.2001, ASI Deva Singh along with police party was on patrol duty. When they reached short of revenue limits of village Kukka, the accused were seen sitting on the bags lying on the kacha path leading to right side fields. On seeing the police party, they tried to run away but on suspicion, they were apprehended. They disclosed their names, parentage and address etc. P.W. Darshan Singh came there on the scooter and he was joined. ASI Deva Singh told the accused that if they so desire, search of the bags can be conducted in presence of some gazetted officer or Magistrate and the accused opted to be searched in presence of a gazetted officer. Their statement to this effect was recorded, signed by them and attested by witnesses. DSP Ashwani Kumar arrived at the spot in pursuance of request made to the Incharge Police Station. The DSP asked the accused that he wanted to conduct search of the bags to which they agreed. Statement of the accused was recorded. On directions of the DSP, ASI Deva Singh conducted search of all the five bags which were found to contain poppy husk. On weighment, each bag contained 35 kgs. of poppy husk. Two sample of 250 grams from each bag were separated and made into parcels. The parcels were sealed with the seal bearing impression 'DS' of ASI Deva Singh and 'AK' of DSP Ashwani Kumar. Specimen seal impression was also prepared.

(3.) THE accused were supplied with copies of documents as envisaged under Section 207 Cr.P.C. Finding a prima -facie case under Section 15 of the Act, the accused were charged for the aforesaid offence to which they pleaded not guilty and claimed trial.