TARLOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARLOK Singh appellant has suffered conviction under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the 'Act') vide impugned judgment of learned Additional Sessions Judge, Ludhiana dated 10.7.1991 and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lac, in default thereof to suffer further RI for two years.

(2.) THE case of the prosecution in brief is that on 16.10.1987 at about 9.00/9.15 p.m., Inspector Dalip Singh (PW-2) was present along with other police officials, including ASI Gurmukh Singh (PW-1) at the crossing of Jagraon near Bus Stand Jagraon, when he received a secret information to the effect that the present appellant and one Binder Singh, resident of Ghalib Kalan were selling poppy near seepage of drain near Kotha Hari Singh in the area of Kothe Hari Singh. A ruqqa (Ex. PC) was sent to the police station Jagraon, on the basis of which formal FIR (Ex. PC/1) was recorded. ASI Narinder Pal Singh was sent to bring some independent witnesses, but no one expressed his willingness to join the policy party. Thereafter Inspector Dalip Singh proceeded towards the aforesaid place. The appellant was found sitting on the gunny bags lying in a stack in the drain. He was apprehended. He was asked whether he wanted to get the search of those bags to be conducted before some gazetted officer, upon which he reposed his confidence in Inspector Dalip Singh. Accordingly, the search of the bags was conducted. The total number of the bags was 100. Each bag was found to contain 40 kgs. of poppy husk. The appellant could not produce any licence or permit to possess the same. Inspector Dalip Singh extracted 250 grams of poppy husk as sample from each of the bags. The samples and the remaining bags (Ex. P1 to P100) were separately sealed with the seal of Narinder Pal Singh ASI bearing inscription 'NP'. The same were taken into possession vide memo. Ex. PA, attested by ASI Gurmukh Singh (PW-1) and ASI Narinder Pal Singh. Personal search memo. (Ex. PB) of the appellant was prepared. The same was handed over to ASI Gurmukh Singh. Rough site-plan (Ex. PD) was prepared at the spot. After recording the statements of the witnesses, Inspector Dalip Singh deposited the case property with AMHC Harsukhdevpal Singh. After receipt of the report of the Chemical examiner (Exhibits PE and PE/1) challan was presented against the appellant. He was consequently charged under Section 15 of the Act.

(3.) THE defence set up by the appellant, as emerges from his statement recorded under Section 313 of the Code of Criminal Procedure is of false implication, stating that he was a daily wager and has been made a scape goat by the prosecution agency, whereas Binder Singh alias Balwinder Singh of his village, who is a smuggler, had been let off by the police for consideration.