DARSHAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellant has preferred this appeal against this conviction and sentence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances, Act 1985 (in short the Act).

(2.) On 10-4-1986, ASI Swarn Dass (PW-2) along with Head Constable Kashmir Singh (PW-1) Constables Avtar Singh and Balkar Singh, was going on patrol duty on bicycles. They were proceeding from side of Glab Kalan to Glab Ran Singh. They reached the minor canal at about 6.30 A.M. Then they saw accused-appellant Darshan Singh coming from the side of Glab Ransingh on a bi-cycle carrying a gunny bag on its carrier, which was tied with a tube. Seeing the police party, the accused-appellant took a turn towards his left side. On suspicion, the accused was apprehended by the Police Party and on search they found the gunny bag, which was tied at the carrier of the cycle, containing 25 Kgs of poppy husk. ASI Swarn Dass took a sample of 250 gms out of that bulk of poppy husk and prepared a sealed parcel of that sample. On weighment the poppy husk was found 24 Kgs 750 gms and that was also sealed separately with the inscription of the Investigating Officer. Gunny bag Ex. P-1, cycle Ex. P-2 and rubber tube Ex. P-3 were seized. Seizure memo was drawn and ruga was sent to the Police Station, Sidhwan bet, where the case was registered against the accused. The Investigating Officer also prepared site plan, recorded the statements of the witnesses and when he came to the Police Station, the seized articles were deposited in the Malkhana of the Police Station and the accused was also handed over there. The sample was sent to Forensic Science Laboratory on 28-4-1986 which was received there on 29-4-1986. Expert's report is Exhibit P-G wherein it was confirmed that it contained meconic acid and morphine which are active ingredients of poppy heads.

(3.) On these fact, charge under Sec. 15 of the Act was framed. The prosecution examined its witnesses. The accused-appellant took the plea that nothing was seized from his possession. He was arrested from his residential house. His father is village Chowkidar under the Police Station Sidhwan Bet. He objected to the manual work being taken from his father. Hence the police officials of this Police Station were on inimical terms with him. On this count, he has been falsely implicated in this case. In his defence, the accused-appellant has examined Mukhtiar Singh (DW-1), Dalip Singh (DW-2), Head Constable Jagir Singh (DW-3), Baghel Singh (DW-4) and Constable Balkar Singh (DW-5).