PAWAN ALIAS KULDEEP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal was preferred by appellant Pawan alias Kuldeep, assailing the judgment of conviction dated 16.09.2004 and order of sentence dated 17.09.2004 recorded by learned Special Judge, Ferozepur, in case bearing First Information Report No.89 dated 23.05.2000 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act") registered at Police Station Sadar, Abohar.

(2.) Precisely, the story of the prosecution was that on 23.05.2000 ASI Gursewak Singh, Incharge, Police Post Sito Guno, Police Station Sadar, Abohar, alongwith his official companions reached the house of Pawan alias Kuldeep son of Satpal, resident of Bishanpura (appellant) for conducting raid in connection with investigation of a case under Section 61(1) of the Punjab Excise Act, 1914. On seeing the police party, Pawan fled away from the spot. ASI Gursewak Singh and Head Constable Puran Chand chased him but he succeeded in escaping. Thereafter, ASI Gursewak Singh (the Investigating Officer) conducted search of the room of Pawan (appellant) and recovered five bags of poppy husk concealed under the wheat bags lying in the right corner of the room. 250 grams of poppy husk as sample was taken out from each bag and separate parcels were prepared. The remaining contraband in each bag on weighing came out to be 34.750 kgs. Each bag was converted into separate parcel. The samples and the bags were sealed with seal bearing initials GSK and a sample seal was prepared. The seal after use was handed over to Head Constable Puran Chand. All parcels were taken into possession by preparing recovery memo Ex.P2 which was attested by Head Constable Puran Chand and a public witness namely Surjit Singh.

(3.) The appellant was charge-sheeted under Section 15 of the N.D.P.S. Act, to which he pleaded not guilty and claimed trial. The prosecution examined PW1 H.C. Puran Chand, PW2 Constable Manjit Singh, PW3 Retd. D.S.P. Nagore Singh, PW4 A.S.I. Ram Sarup and PW5 A.S.I. Gursewak Singh. After closure of evidence of the prosecution, statement of appellant under Section 313 of the Code of Criminal Procedure (for short "Cr.P.C.") was recorded by putting to him the incriminating evidence available on record. He pleaded innocence and contended that no incriminating article was recovered from his possession and he was falsely implicated in this case.