AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRESENT criminal appeal has been preferred by the appellant against judgment of conviction and order of sentence dated 24.01.2004 passed by the Special Judge, Patiala whereby appellant -accused (for brevity, 'accused') has been convicted for the offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac, in default, to further undergo rigorous imprisonment for six months.

(2.) BRIEF facts of the prosecution case are to the effect that on 11.12.1998, Karan Sher Singh, S.I. while posted as in charge C.I.A. Staff, Nabha along with other police officials, was performing patrolling duty and checking at village Kakrala. In the meantime, he received secret information that accused -Ajit Singh indulges in sale of poppy husk and if raided, poppy husk could be recovered. On the basis of this information, ruqa Ex. PE was sent to Police Station Sadar, Nabha, where formal F.I.R. Ex. PE/1 was recorded by Baljinder Singh, MHC. Later, the house of accused in village Kakrala was raided in the presence of police officials and Amarjit Singh, Ex -Sarpanch of the village.

(3.) KULSHINDER Singh, DSP, disclosed his identity to the accused and the latter concurred to the search of his house in his presence. Later, pursuant to the disclosure statement, accused got recovered five bags of poppy husk from the place disclosed in the disclosure statement Ex. PA. Two samples of 250 grams each were drawn from each bag and the remaining poppy husk of each bag on weighment came to 35 kgs. All the 10 sample parcels and all the 5 bags containing remaining poppy husk each weighing 35 kgs. were separately sealed by Karan Sher Singh SI with his seal bearing impression 'KS' and seal after use was handed over to Amarjit Singh, independent witness. The case property was seized vide memo Ex. PB which was attested by Amarjit Singh, independent witness, Manjit Singh, HC, Dalbir Singh, ASI and Kulshinder Singh, DSP.