DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT -Darshan Singh stands convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) for allegedly keeping in his possession 76 kgs of poppy husk containing in two bags (38 Kgs each). He has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac., in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) THE prosecution case in brief is that on 25.8.1999 ASI Mithu Singh received a secret information to the effect that appellant was selling poppy husk in his field in a kotha and if raid is conducted, the poppy husk could be recovered from him. ASI Mithu Singh disclosed this secret information to Inspector Jarnail Singh (PW-3), who was present at Bus Stand Killi Nihal Singhwala along with other police officials. He sent a ruqa Ex. PF to the concerned Police Station, on the basis of which formal FIR Ex.PF/1 was recorded. A message was also sent (through wireless) to Deputy Superintendent of Police Brij Mohan Sarup (PW-2), who reached the spot after sometime. One Balwinder Singh son of Natha Singh (not produced by the prosecution) was also joined as an independent witness and thereafter the kotha of the appellant was raided. The case of the prosecution further is that the appellant was found sitting on the gunny bags. He was apprised of his right of search vide memo Ex.PG in accordance with the provisions of Section 50 of the Act. Deputy Superintendent of Police after reaching the spot and disclosing his identity apprised him once again of his aforesaid statutory right. The appellant reposed confidence in him and thereafter on his direction the two gunny bags were searched. Each bag was containing 38 kgs of poppy husk. 200 grams each of poppy husk was taken from both the bags separately. Both the sealed samples and two bags were sealed separately and all the articles were taken into possession vide memo Ex.PD attested by the witnesses present there. Personal search memo Ex.PE was also prepared. Rough site plan Ex.PJ was also prepared at the spot. The appellant and the case property were then produced before Inspector Bhupinder Singh, Station House Officer of Police Station Nihalsingh Wala (PW-1), who after verification of the investigation affixed his seal on all the parcels and sample seal. The case property was then kept in safe custody. The sample parcel was sent to the Chemical Examiner and on the receipt of the report Ex.PL, the appellant was challaned in this case. He was consequently, charged under Section 15 of the Act.

(3.) BALWINDER Singh, the independent witness, who was joined by the prosecution party at the time of raid was given up as having been won over by the accused-appellant.