PIARA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT -accused Piara has preferred this appeal against the judgment dated December 8, 1986 whereby he was held guilty under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) by Shri G.S. Khurana, Additional Sessions Judge, Jalandhar, and was sentenced to undergo 10 year's rigorous imprisonment with a fine of Rs. 1 lac and in default to undergo further rigorous imprisonment for one year.

(2.) FACTUAL matrix of the case is that on December 9,1985, Head Constable Sat Pal PW-2 of Police Station Nawanshahr alongwith Head Constable Raj Kumar and Con­stable Sukhdev Ram was going on road from Bus Stand Aur to village Arapar. After covering a distance of about 200 yards from Bus Stand Aur, they noticed the accused going ahead of them carrying a Jhola. Noticing the police party coming behind him, he tried to slip away walking briskly. On suspicion he was apprehended. Search of that Jhola was taken. It contained 5 kgs. of poppy husk, 100 grams were separated therefrom and were sealed separately. Remainder was sealed in that Jhola itself. Seal bring impression 'SP' was used. Seizure Memo Exhibit PA was prepared. After use, seal was handed over the Head Constable Raj Kumar (PW1). Ruqa Exhibit PB was sent to the Police Station, whereupon FIR Exhibit PB/1 was recorded under Section 9 of the Opium Act, 1978. Sat Pal (PW 2) prepared the rough site plan Exhibit PC. Statement of Head Constable Raj Kumar was recorded by Head Constable Sat Pal. The seized contraband alongwith the accused was brought to the Police Station. Sealed parcels were deposited with MHC Jasbir Singh. Later on sample was sent to Assistant Chemical Examiner, Amritsar. On Analysis, the Ex-pert confirmed vide his report Exhibit PD that it was poppy head. Thus, the appellant was prosecuted under Section 15 of the Act.

(3.) DURING trial, the prosecution examined Raj Kumar (PW 1) and Sat Pal (PW 2). Affidavits of MHC Jasbir Singh, Exhibit PE and of Joginder Singh, Exhibit PF were tendered in evidence. Report of Assistant Chemical Examiner Exhibit PD was also tendered in evidence. Accused also adduced evidence and examined Lachhman Dass (DW1).