KALA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed against the impugned judgment of conviction dated 25.05.2010 rendered by the learned Judge, Special Court, Barnala whereby appellant-accused was convicted for committing offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') for keeping in his possession 7 bags of poppy husk, containing 25 k.g. poppy husk in each bag, without any permit or license. Vide order on sentence of the even date, he was sentenced to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. 1,00,000/- (Rupees one lac). In default of payment of fine, he shall undergo further rigorous imprisonment for two years.

(2.) As per the prosecution case, on 12.12.2008, SI Kuldeep Singh along with police officials were present at bridge over the canal at Vidhate Road, Sehna. A secret information was received against appellant-accused that he indulge in sale of poppy husk from a Chhan built in the land which he has taken on lease (theka). In case of raid, heavy quantity of poppy husk could be recovered. On this information, Ruqqa, Ex. PC, was sent to the police station through Constable Sukhwinder Singh, whereupon, formal FIR Ex. PC/1 was recorded. Harbans Singh son of Darbara Singh was joined as witness in the investigations of this case. Raid was conducted at the Chhan of the accused situated in the fields in the area of village Sehna. The appellant-accused was found sitting on the aforesaid bags. SI Kuldeep Singh disclosed his identity and expressed his suspicion that he was suspecting some narcotic substance in the aforesaid bags and the same are to be searched. He also apprised the accused of his legal rights to get the search effected in the presence of Gazetted Officer or Magistrate. Appellantaccused exercised his option in favour of Gazetted Officer. Writing to this effect was made which was duly signed by the appellant-accused. Harbans Singh also signed this writing as witness. DSP was called at the spot through wireless message. On reaching the spot, DSP disclosed his identity to the accused and asked him if he wanted to get the aforesaid plastic bags searched in the presence of a Magistrate or Gazetted Officer. The accused reposed his confidence in the DSP Devinder Singh. In this regard also writing was prepared. Thereafter, on the instructions and under the supervision of Devinder Singh DSP, Kuldeep Singh SI/SHO conducted the search of the aforesaid bags which were seven in number. Same were found to be containing poppy husk. Two samples of 250 grams each were prepared from each bag. The remaining poppy husk of each bag was weighed to 24.5 k.g. All the sample parcels were separately sealed with the seal of 'KS' and 'DS'. The residue poppy husk was sealed in each bag with the seal of 'KS' and 'DS'. Specimen seal was also prepared. Bulk parcels, sample parcels as well specimen seal were taken into police possession, vide memo Ex. PF. Site plan of the spot was prepared as Ex. PH. The accused was arrested. SI Kuldeep Singh prepared report under Section 57 of the NDPS Act, Ex. PJ, and the same was sent to the DSP Tapa. Case property was deposited with MHC of the malkhana. On 13.12.2008, case property was taken from the MHC and produced the same along with accused and inventory report Ex. PK before the Illaqa Magistrate. Thereafter, the bulk parcels as well the sample parcels of each bag were deposited in the malkhana. After obtaining Chemical Examiner's report, whereby, the contents of the samples, sent for chemical examination, were reported as that of poppy head, the challan was presented against the accused.

(3.) The appellant-accused was charge-sheeted for committing offence punishable under Section 15 of the NDPS Act for keeping in his possession 7 bags of poppy husk without any permit or license. After taking entire prosecution evidence; recording of statement of accused and after hearing both the sides, the aforementioned impugned judgment of conviction and order on sentence was recorded by the learned Judge, Special Court, Barnala.