KRISHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 19.11.2001, passed by the learned Judge, Special Court, Fatehgarh Sahib, vide which accused-appellant Krishan Kumar has been held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and the order on quantum of sentence of the even dated, vide which he has been sentenced to undergo rigorous imprisonment for a period of ten years and was further ordered to pay a fine of 1,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of six months.

(2.) The brief facts giving rise to this prosecution are that on 03.08.1993 PW6 Inspector Rajinderpal, SHO Police Station Amloh along with other police employees after joining Amar Singh son of Diwan Chand, resident village Gurdanpur, was holding a Nakabandi at the bridge of canal distributary Ghullu Majra. At about 01:30 A.M., one truck bearing registration No.PAT-7341 came from the side of village Ghullu Majra. The Investigating Officer signalled the truck to stop with the help of a torch. The persons travelling in the truck tried to run away but they were apprehended. The driver of the truck disclosed his name as Surinder Singh. The persons sitting with him disclosed his name as Kaur Singh. The persons who were sitting on the bags in the rear side of the truck disclosed their names as appellant Krishan Kumar alias Bittu, Raj and Baljinder Singh. The Investigating Officer made aware the accused that he suspected the poppy husk loaded in the truck and if they desire the truck can be searched in the presence of some gazetted officer or a magistrate. However, all the accused reposed confidence in the Investigating Officer to take the search. The Investigating Officer with the help of his fellow police officials conducted the search of the truck. 35 bags containing poppy husk were recovered from the truck. A sample weighing 250 grams poppy husk was separated from each bag. The remaining poppy husk came to be 34 kilograms 750 grams in each bag. Separate sealed parcels of the samples and remainder were prepared and sealed with seal bearing impression 'RP'. After preparing the sample seal, the seal was entrusted to ASI Tikka Singh. All the recovered articles along with truck were taken into possession vide memo Ex.PK. The Investigating Officer sent ruqqa Ex.PD/1 to the Police Station, on the basis of which the FIR Ex.PD was registered. The Investigating Officer also prepared the site plan of place of recovery Ex.PM. The present appellant along with his co-accused was arrested. On return to the police station, the case property was deposited in intact condition with the Moharir Head Constable. The sample parcels were sent to the Chemical Examiner for examination. On completion of the investigation of the case, the report under Section 173 Cr.P.C. (hereinafter referred to as 'Cr.P.C.') was presented in the Court.

(3.) The present appellant along with his co-accused was charge-sheeted for the offence punishable under Section 15 of the Act, to which he pleaded not guilty and claimed trial.