KARNAIL SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 13.05.2004, passed by learned Judge, Special Court, Kapurthala, vide which appellant Karnail Singh alias Kala was held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after called the 'Act') and the order of sentence of even dated, vide which he was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.25,000/- and in default of payment of fine, he was ordered to undergo rigorous imprisonment for a period of three months.

(2.) As per the prosecution allegations, on 12.10.1999 the police party headed by Assistant Sub Inspector Parminder Singh was going towards village Khera Dona, Karahal Kalan, Pajian etc. in connection with patrolling. When they reached near the turning of Katcha passage of village Daulatpur, the present accused was seen coming carrying a plastic bag containing something heavy on his right shoulder and on seeing the police party, he tried to turn. He was apprehended in that process. The search was conducted as per law and the appellant was found in possession of 11 kilograms and 250 grams poppy husk in the plastic bag. The samples were separated and the contraband was taken into possession. The Investigating Officer sent Ruqqa Ex.PD to the Police Station. On the basis of which, the formal FIR Ex.PD/1 was registered.

(3.) The accused-appellant was charge-sheeted for the offence punishable under Section 15 of the Act vide order dated 20.01.2000, to which the appellant pleaded not guilty and claimed trial.