TARSEM ALIAS SEMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal arises out of the following facts;

(2.) ON 22nd March, 1986 Sub Inspector Bishan Dass PW2, the Incharge of the Police Post, Mehtiana, Police Station Sadar, Hoshiarpur, along with Head Constable Mohinder Singh, Constables Sukhdev Singh and Baljinder Singh, was on patrol duty when they saw the accused coming from the opposite direction. On seeing the police party he suddenly took a turn and on suspicion was arrested. Sub Inspector Bishan Dass searched the jhola Ex.P.1 that the accused was carrying and it was found to contain 2 Kgs of poppy-husk. A small sample was separated from the main bulk for chemical analysis and on their receipt of the report of the chemical examiner intimating that the sealed article was a narcotic and on the completion of the investigation, the accused was challaned and sent up for trial for an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act').

(3.) THE trial Court came to the conclusion that Sub Inspector Bishan Dass was duly competent to effect the search and the subsequent seizure of the poppy- husk; that the evidence of the two witnesses were liable to be believed; that there was no necessity for the investigating agency to have complied with the provisions of Section 50 of the Act as the accused had made no such request at the time of his search, the mere fact that no independent witness had been joined did not cast a suspicion on the prosecution story and the minor improvements made by the two witnesses could be well ignored and having held as above, convicted and sentenced the accused to rigorous imprisonment for 10 years and to the payment of fine of Rs. 1 lac or in default of the payment thereof to further undergo rigorous imprisonment for two years. Hence this appeal.