SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Surjit Singh (hereinafter described as 'the appellant') directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Patiala dated 27.1.1995. By virtue of the impugned judgment, the learned trial court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he was to undergo further rigorous imprisonment for six months.

(2.) THE relevant facts are that on 15.11.1992 Sh. Anil Kumar was Office-in-charge, Police Station Samana. On the said date alongwith ASI Narinder Singh, ASI Wassan Singh and other police officials had organised a raiding party. When the police party was present at 'T' point, Ghagga Road, Samana, secret information was received that appellant resident of village Issewal was carrying poppy husk in the bags in his tractor trolley No. PJN-7399. It was also informed that he was present at Sehajpura Chowk, Samana. He could be apprehended as a result of raid.

(3.) THE officer-in-charge of the said police station, heading the raiding party proceeded towards Sehajwal Chowk. The appellant was found with the tractor trolley referred to above. The appellant was apprised of his right to be searched before a Gazetted Officer or a Magistrate. He reposed confidence in the Sub Inspector in the matter of search. His consent memo in this regard was recorded. The appellant thumb-marked the same. It was found that there were 20 bags in the trolley. Each bag was weighed and found to be containing 40 kilogram of poppy husk. From each bag two samples each weighing 250 grams were separated. The sample and the rest of the poppy husk were converted into separate parcels and sealed with the seal of 'AK'. All these packets were taken into possession vide a recovery memo. The tractor trolley was seized and taken into possession vide another recovery memo. It was found that the tractor trolley was registered in the names of the brothers of the appellant. On return to the police station, the officer-in-charge of the police station deposited the case property with the Malkhana Moharrir. The case property alongwith the sample parcels was also produced before the Illaqa Magistrate on 16.11.1992. The representative samples were sent for chemical analysis. It was reported that it contained poppy husk. This led to the filing of the challan in court.