BHURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated December 15, 1994 passed by the Additional Sessions Judge, Sangrur, whereby the appellant has been convicted for an offence 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 10 years and to pay a fine of Rs. 1,00,000/- and in case of default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) The facts leading to this appeal are that on July 24, 1990, ASI Sadhu Ram, along with ASI Norata Ram, H. C. Maghar Singh and some other police officials, was proceeding in the official vehicle from village. Ghorenab to Khandebad, in connection with usual patrol duty. When the police party reached near village Khandebad, the appellant was sighted sitting in the corner of a field abutting the passage bifurcating from the main passage, towards eastern side. He was having a tin dabba in his hand and a gunny bag with open mouth was lying with him. On seeing the police party, he tried to stand up but was overpowered. The gunny bag was found to contain poppy husk. ASI Sadhu Ram sent a ruqa (Exhibit PA) through constable Teja Singh to the Police Station, on the basis of which formal FIR (Exhibit PA/1) was registered, A request was made to the Incharge of the Police Station to reach the spot for further proceedings.

(3.) Since no senior police officials was available in the Police Station at that time, constable Teja Singh came back along with the original ruqa and the F1R number to the spot. Then ASI Sadhu Ram gave option to the appellant that if he so desired, the search could be conducted before a Gazetted Officer or a Magistrate, but he reposed faith in him. ASI Sadhu Ram took out two samples weighing 250 gms. each from the contents of the bag and converted the same into two separate sealed parcels with the seal of 'SR'. The remaining contents were found to be 35 Kgs. and the same were sealed in the same gunny bag with the seal of 'SR'. The samples as well as the gunny bag were taken into possession by preparing a recovery memo.