MELO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgement/order dated December 4/8, 1995, passed by the Additional Sessions Judge, Patiala, whereby the appellant has been convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) The facts necessary for the disposal of this appeal are that on June 20, 1994, S.I. Naresh Kumar of Police Station Sadar Patiala, was on patrolling duty along with A.S.I. Babu Singh, HC Jagdish Singh, Constable Balwant Singh, SPO Jaswinder Singh and PHG Hakam Singh in an official vehicle being driven by constable Daler Singh. When the police party reached near the bus stand in the limits of village Kakrala, the appellant was sighted while sitting on two gunny bags on the road side of the bridge on the Bhakra Canal. On suspicion, S.I. Naresh Kumar informed the appellant that he wanted to conduct the search of two gunny bags on which she was sitting and if she so desired, the search could be conducted before a Magistrate or a Gazetted Officer. However, the appellant declined the offer and reposed confidence in the said Sub Inspector. On search, each of the two bags was found to contain 30 kgs. of crushed poppy husk. A sample weighing 250 grams was separated from each of the two gunny bags. The samples and the remaining contents of the bags were converted into scaled parcels with the seal of 'NK'. Specimen of the seal was prepared. A ruqa was sent to the Police Station, on the basis of which formal F.I.R. was recorded, copy of which is Exhibit PE/l. In the meantime D.S.P. Shri Gurpreet Singh Bhullar reached the spot. The appellant and the case property were produced before him. He interrogated the appellant, questioned the witnesses and then put his seal of the initials of 'GS' on the two gunny bags as well as two sample parcels. Case property was deposited in the Malkhana. Scaled sample parcels were sent to the Forensics Science Laboratory. On the receipt of the report of the Expert and after completing the investigation, a charge sheet was submitted to the Court.

(3.) A charge-sheet under Section 15 of the Act was framed against the appellant, which she denied and claimed trial.