RESHAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Resham Singh, appellant directed against the judgment and order of sentence passed by learned Sessions Judge, Faridkot dated 13.9.1994. By virtue of the impugned judgment, learned trial Court held the appellant guilty of the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 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. 1 lac. In default of payment of fine, the appellant was to further undergo rigorous imprisonment for 1 year.

(2.) THE prosecution case rested on the facts that on 25.11.1992, ASI Gurcharan Singh was heading a police party. They were patrolling and reached in the area of village Mehna. At the bridge of the drain, the appellant was seen coming from the side of village Puranewala. He was carrying a gunny bag on his bicycle. On seeing the police party, he tried to slip away. On suspicion he was apprehended. ASI asked him whether be would like the search to be effected before a Gazetted Officer or a Magistrate. The appellant declined the offer and reposed confidence in the police officer. His statement was recorded in this regard. The gunny bag was searched and it was found to contain poppy husk. It weighted 40 kgs. 250 gms of poppy husk was separated as a sample. The sample and rest of the poppy husk were converted into different parcels and sealed with the seal of 'GS'. Both the packets were taken into possession vide a recovery memo. Ruqa was sent to Police Station on basis of which formal First Information Report was recorded. Rough site plan was prepared. The recovered poppy husk and sample were deposited in the Malkhana. Subsequently representative sample was sent for chemical analysis. On receipt of report that it was poppy husk, challan as against the appellant was filed.

(3.) LEARNED trial Court on appraisal of evidence concluded that it has been established and proved beyond all reasonable doubt that poppy husk was recovered from the person of the appellant. The defence version was rejected. With these basic findings, the impugned judgment and order of sentence were passed.