CHAND MOHD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 25-9-1995 passed by the Additional Sessions Judge, Sangrur, whereby the appellant was convicted under Section 15 of the Narcotic Drugs and 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. 10,00,000/- (Ten lacs) and in default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) The brief facts leading to this appeal are that on 7-9-1994, ASI Banarsi Dass of Police Station Bhawanigarh, along with two Constables and one S. P.O. was coming back after the investigation of a case. When the Police party reached near the canal bridge, the appellant was sighted while coming on foot having a gunny bag on his head. On seeing the police party, he got perplexed and turned on his left hand side and tried to slip away. On suspicion he was over powered and detained. ASI Banarsi Dass informed the appellant that his gunny bag was to be searched and if he so desired, the search could be conducted before a Gazetted Officer or a Magistrate but the appellant declined the offer and reposed faith in him. Written recordof the reply given by the appellant was prepared. On conducting search of the gunny bag, 10 Kgs. of poppy husk was recovered. Two samples weighing 250 gms. each were separated. Both the sample parcels and the remaining contents were converted into separate sealed parcels with the seal of 'BD'. A ruqa (Exhibit PD) was sent to the Police Station, on the basis of which FIR (Exhibit PD/1) was recorded. Case property was deposited in the malkhana. On the receipt of the result of the chemical examination in respect of the sample parcels sent to it, and on completing the investigation, a charge-sheet against the appellant was submitted to the Court.

(3.) A charge under Section 15 of the Act was framed against the appellant to which he denied and claimed trial.