TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Teja Singh appellant directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Sangrur dated 6.1.1995. By virtue of the impugned judgment, the appellant was held guilty of the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). Subsequently, after hearing on the question of sentence, the learned trial court sentenced the appellant to undergo rigorous imprisonment for 10 years and a fine of Rs. One lac. In default of payment of fine, he was to further undergo rigorous imprisonment for one year.

(2.) THE facts of the prosecution case are that on 26.8.1990 Sub Inspector Bahadur Singh the then Incharge of Police Post, Kauhrian alongwith Constable Avtar Singh was present at the bus stop of the said place. Head Constable Nishan Singh and Constable Sukhcharan Singh met them and they all started for patrolling. They proceeded towards village Ubhia. The police party reached on the bridge of the canal minor. The appellant was seen coming from the opposite side. He was carrying a gunny bag in his hand. On seeing the police party, he tried to turn aside. On suspicion he was stopped. He was told that if he liked his person can be searched before a Gazetted Officer or a Magistrate. The offer was not accepted. The appellant reposed confidence in Sub Inspector Bahadur Singh.

(3.) RUQA was sent to the police station on the basis of which formal First Information Report was recorded by Moharrir Head Constable Parshotam Lal. Rough site plan was prepared. The appellant alongwith the articles so recovered were brought to the police station. Sub Inspector Gurdev Singh was the officer-in-charge of the police station. SI Gurdev Singh verified the facts and affixed the seal of 'GS' on the sample and the gunny bag. The case property was deposited in the Malkhana. Later the sample was sent for chemical analysis. On receipt of the report that it was poppy husk, report under Section 173 Cr.P.C. was submitted.