SUKHJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT - Sukhjinder Singh has been convicted and sentenced by learned Judge, Special Court, Kapurthala to undergo rigorous imprisonment for two years, besides, pay a fine of Rs. 25,000/ - for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'N.D.P.S. Act') vide impugned judgment and order dated 16.10.2003.

(2.) BRIEF facts of the case are that, FIR No. 32 dated 28.02.2000 (Ex. PF/1) was registered under Section 15 of the N.D.P.S. Act against the appellant as he was found in illegal possession of 10 Kg. poppyhusk. As per the prosecution version, ASI Iqbal Singh (PW3) was present near the turn of village Mohablipur on 28.02.2000 in connection with patrolling. One Mohar Singh son of Jarnail Singh joined the police party. When they crossed the railway line, a person coming from the side of village Mohablipur was signaled to stop. He immediately tried to turn around and flee but he was apprehended at the spot. He disclosed his name as Sukhjinder Singh @ Shinda son of Neja Singh i.e., the present appellant. He was apprised of his right to be searched before a Magistrate or gazetted officer as it was suspected that the gunny bag kept by him in between his feet on the scooter, contained some narcotics. He preferred to be searched before a gazetted officer. Consent memo (Ex. PA) was prepared. A wireless message to the police station for sending a gazetted officer at the spot was sent. After some time, DSP Ravcharan Singh (PW2), Sub Division, Sultanpur Lodhi alongwith his gunman reached at the spot in his Govt. Gypsy. After disclosing his identity to the appellant, apprised the appellant of his right to be searched before a Magistrate or gazetted officer. Appellant - Sukhjinder Singh reposed faith in him for conducting his search and a separate consent memo (Ex. PB) was prepared by DSP Ravcharan Singh (PW2). A gunny bag lying in between his feet was recovered. From this bag, 10 Kg. poppyhusk was recovered. 250 grams of poppyhusk was separated as sample from the recovered gunny bag and a separate parcel with cloth was prepared. Remaining poppy husk was weighed which was found to be 9.750 grams. Sample as well as the remaining poppyhusk was sealed with impression RS alongwith sample impressions of the seal and the seal after use was retained by DSP Ravcharan Singh (PW2). Case property was taken in possession vide separate memo Ex. PC. Ruqa (Ex. PF)was sent to the police station for registration of the case through C.1343 Harnek Singh and formal FIR was recorded by SHO Surjit Singh. Scooter alongwith Registration Certificate was taken in possession vide memo Ex. PD. Rough Site (Ex. PG) plan was prepared. Accused was formally arrested. Case property was deposited with the MHC on return to the police station. It was produced in the court of Sub Divisional Judicial Magistrate, Sultanpur Lodhi on 29.02.2000 and then deposited back by ASI Iqbal Singh. Duly sealed sample was handed over to Constable Surinder Pal for depositing it with the Chemical Examiner, Jalandhar. Receipt thereof was submitted by him. As per the Chemical Examiner's report, Ex. PH, poppyhusk was indicated.

(3.) PROSECUTION examined as many as five witnesses to prove its case.