MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 26.07.2004, passed by the learned Judge, Special Court, Ludhiana, vide which accused-appellant Mukhtiar Singh has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after referred to as 'the Act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) As per the prosecution case, on 19.08.2002 PW4 Assistant Sub Inspector Gurdev Singh, the Investigating Officer of the case, along with other police officials was going on the track of canal Abohar branch on patrolling. When they reached near bridge Kand, one Bahadur Singh son of Beant Singh met them and he was also joined in the police party. When the police party reached near grid of the P.S.E.B. and turned towards village Sayan Khurd, they saw the accused-appellant was standing near two gunny bags under the trees behind the raised land on the corner of 'Chari' fields. The bags were lying open and poppy husk was visible in the bags. The accused-appellant was apprehended. Two samples, each of 250 grams, were separated from each bag and the residue poppy husk was weighed, which came to be 34 kilograms and 500 grams in the each bag. The samples and residue were converted into separate parcels and sealed with seal of the Investigating Officer bearing impression 'GS'. Sample impression chit Ex.P1 was prepared. The seal after use was handed over to prosecution witness Bahadur Singh. The case property was taken into possession vide recovery memo Ex.PB. The scooter without number make Bajaj Chetak was also taken into possession vide recovery memo Ex.PD. Ruqqa Ex.PE was sent to the police station, on the basis of which, formal FIR Ex.PE/1 was registered. The Investigating Officer prepared the site plan Ex.PH of the place of recovery. Statements of the witnesses were recorded.

(3.) On return to the Police Station, the Investigating Officer produced the accused, witnesses and the case property before SHO Jasbir Singh, who verified the facts and the case property and affixed his seal bearing impression 'JS' on the case property and sample seal chit. The case property with seals were deposited with Mohrir Head Constable Gulab Singh. On the next day, the accused and the case property was produced before the Illaqa Magistrate vide application Ex.PJ and Ex.PJ/1.