BHOOLAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED /appellant has preferred this appeal against judgment delivered in Sessions Case No. 396 of 1986 by Shri Iqbal Singh, Additional Sessions Judge, Ludhiana, wherein, he has convicted him under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act) and is sentenced to undergo rigorous imprisonment for ten years and with a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(2.) ADUMBRATED facts of the case are that on 17.7.1986, Assistant Sub Inspector Chanan Singh along with E.I. G.L. Verma and other officials, were going on patrol duty from Booth Grah to Mand. When they were 100 yards away from the Mill, they saw the accused sitting on four bags. Search was taken of these bags. Each bag contained 35 Kgs of poppy husk. 250 gms of poppy husk was taken out from each bag. The samples and four bags were duly sealed with the seal of 'GLV'. Recovery memo was drawn. Ruqa was sent to Police Station. First Information Report was recorded. After the usual investigation at the spot, the police party returned to the police station. ASI Chanan Singh deposited the sample and all the four bags with Moharrar Head Constable of the Police Station. These samples were sent to the Analyst. The Analyst After analysis gave the report that samples contained poppy husk. On these facts, charge was framed against the accused-appellant. During trial, the prosecution examined ER. G.L. Verma as PW1 and Assistant Sub Inspector Chanan Singh as PW2. Affidavits of MHC Manjit Singh Ex. PW3 and Constable Hartej Singh Ex. PW4 were tendered in evidence.

(3.) THE trial Court finding the ocular evidence worthy of credence relied on their testimony and convicted the appellant of the said offence and sentenced him accordingly.