MAKHAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Makhan Ram (hereinafter described as Appellant) directed against the judgment and order of sentence passed by Shri D.S. Chatha, Additional Sessions Judge, Jalandhar dated 12.7.1993. The learned Additional Sessions Judge held the appellant guilty of the offence punishable under Section 14 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as Act) and sentenced the appellant to rigorous imprisonment for 10 years and a fine of Rs.One lac. In default of payment of fine, appellant was to undergo further rigorous imprisonment for one year.

(2.) The sum and substance of the prosecution case in brief is that on 4.5.1990, Assistant Sub Inspector Sikattar Singh accompanied by Head Constable Surinder Kumar and some other officials were present near Bus Stand Nurmahal. They were patrolling the area and investigating the case FIR No. 177/89, Police Station, Phillaur. We appellant was seen coming from the side of Railway Line Phillaur. On seeing the Police Party, the appellant tried to avoid them. Kulbir Singh, a public witness also came there. He was joined in the police party.

(3.) The appellant was stopped on suspicion. He was interrogated. He made a disclosure statement PUNJAB Page 2 of 3 that he had kept concealed 7 bags of poppy husk in a heap of straw inside his residential house and can get the same recovered. His disclosure statement was reduced into writing and attested by Head Constable, Surinder Kumar besides Kulbir Singh the public witness. The appellant spurned the offer that a Gazetted Officer may well be joined before the recovery.