LAWS(P&H)-1996-7-231

BHAGWAN SINGH Vs. STATE OF PUNJAB

Decided On July 05, 1996
BHAGWAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is an appeal filed by Bhagwan Singh (hereinafter described as 'the appellant') directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Ferozepur dated 11.5.1995. By virtue of the impugned judgement, the learned trial court held the appellant guilty of the offence punishable under Section 16 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence of the even date, the appellant was directed to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. One lac. In default of payment of fine, he should undergo rigorous imprisonment for 6 months.

(2.) The relevant facts alleged by the prosecution are that on 25.5.1992 S.I. Bhag Singh alongwith HC Narinder Singh, HC Jaswinder Singh, HC Balbir Singh, HC Kulwant Singh and other police officials were on routine patrolling. They were checking certain vehicles near Bus Stand, Longwind. Secret information was received by S.I. Bhag Singh that the appellant is in possession of large number of poppy husk bags near the fields of Mohinder Singh son of Inder Singh. If a raid is conducted, sufficient quantity of poppy husk can be recovered from his possession. S.I. Bhag Singh incorporated in these facts in the ruqa and sent the same to the police station through HC Balbir Singh, on the basis of which formal First Information Report was recorded by A.S.I. Narotam Singh.

(3.) Thereupon S.I. Bhag Singh alongwith other members of the police party proceeded towards the fields of Mohinder Singh. Mohinder Singh was join in the police party. The appellant was seen setting near the transformer and dry fodder KUP. The appellant was informed by S.I. Bhag Singh that he is suspected to be in possession of poppy husk. The search has to be effected. If he likes person of a Gazetted Officer or a Magistrate can be arranged. The appellant did not accept the offer and reposed confidence in S.I. Bhag Singh. A consent memo was prepared which was thumb marked by the appellant. It was attested by Mohinder Singh and HC Narinder Singh.