TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Teja Singh son of Lakhbir Singh (hereinafter described as 'the appellant') directed against the judgment and the order of sentence dated 2.8.1995 passed by the learned Sessions Judge, Sangrur. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act') and sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for one year.

(2.) THE prosecution case set up is that on the night intervening 11/12.9.1993 a police party of police station Dhuri held a picket on the Canal Bridge in the area of Ranchna. At about 12.30 midnight a Maruti car was noticed coming from the seat of the village. It did not bear any number plate. The appellant was driving the vehicle. Sub Inspector Gurbax Singh gave the signal and the appellant stopped the car. Four bags were noticed in the car.

(3.) THE parcels and the packets of samples were taken into possession vide recovery memo. These were attested by all the witnesses namely HC Satnam Singh, HC Malkiat Singh and DSP Surjit Singh. The seal after use was given to HC Satnam Singh. Ruqa was sent to the police station on the basis of which formal First Information Report was recorded. Rough site plan was prepared and the appellant was arrested. At the police station the parcels were deposited in the Malkhana. Later the samples were sent to the Chemical Examiner at Chandigarh. On receipt of the report that contents were poppy husk, the challan was presented.