LAINCH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by the Lainch Singh (hereinafter described is 'the appellant') directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Hoshiarpur dated 23 4.1995. By virtue of the impugned judgement, the learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 or short 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, the appellant was to undergo further rigorous imprisonment for 2 years.

(2.) The relevant facts alleged by the prosecution are that police party was present at Addakhanpur. S.I. Nirmal Singh was heading the same. He received a secret information that appellant who is habituated in selling poppy husk is present, if a raid is conducted, poppy husk can be recovered from him. On receipt of secret information, ruqa was sent to the police station through C. Pardeep Singh. On the basis of the formal First Information Report was recorded.

(3.) A raid was conducted. The appellant was found present in his house. He was interrogated and he made a disclosure statement that he can get recovered bags of poppy from his fields. The disclosure statement was reduced into writing. The appellant was offered that if he likes the search of the bags could be effected in presence of a Gazetted Officer or a Magistrate. He reposed confidence in the police officer. The said statement was also recorded and thumb marked by the appellant.