JEETO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal filed by Smt. Jeeto and Hansa Singh is directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Faridkot dated 10.10.1995. By virtue of the impugned judgement, the learned trial court held the appellants guilty of the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order on the point of sentence, the appellants were sentenced to each undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac. In default of payment of fine, each of the appellant to undergo further rigorous imprisonment for 3 years.

(2.) THE relevant facts are that S.I. Naresh Kumar was the officer -in - charge of Police Station Mehna. On 5.5.1990 he received a secret information that the appellants were indulging in the sale and purchage of poppy husk and opium. Acting on the secret information, the first information report was recorded. A raiding party was organized comprising of A.S.I. Gulzar Singh and other police officials. They situated in the area of village Ajitwal. Both the appellants werre present. house On seeing the police party, appellant Hansa Singh scaled over the wall and escaped. Appellant Jeeto was apprehended.

(3.) SHE was informed that if she likes the search could be effected in presence of Gazetted Officer or Magistrate. She declined the offer. Her consent (Ex.PB) was recorded. She thumb marked it. It was attested by A.S.I. Gulzar Singh and Constable Harnlinder Singh. The search of the abandoned house was conducted. 30 bags of poppy husk each weighing 40 kilogram were recovered. From each bag 250 grams poppy husk was taken as the sample. The sample and tile rest of the Poppy husk was were converted into separate parcels and scaled with the seal of 'GS'. The entire case property was taken into possession vide a recovery memo (Ex.PC). Specimen of seal were prepared. The seal after use was given to A.S.I. Gulzar Singh.