NAHRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this appeal is for setting aside the judgment dated 04.10.2004 vide which the appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'NDPS Act') and order of sentence dated 04.10.2004, vide which he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/- and in default of payment of fine, to further undergo R.I. for five months.

(2.) Brief facts of the case are that on 16.07.2001, SI Swaranjit Singh along with other police officials was present on Patiala-Samana main Road. A truck came from the side of Samana and stopped. One person, after getting down from the truck, threw away a gunny bag from the backside of the truck and on seeing the police party, he tried to slip away. On suspicion, he was nabbed. He told his name as Nahra son of Nand Singh, resident of Village Bijalpura. The gunny bag was searched, after giving him an offer of search either before Gazetted Officer or Magistrate. DSP was called on the spot and thereafter on search, 20 kg 500 gram of poppy husk was recovered, out of which two samples of 250 grams each were separated and sealed in parcels and residues were also sealed. After completing the formalities, the appellant was arrested and the case property was deposited in the malkhana.

(3.) The prosecution in support of its evidence, examined PW1 HC Jagga Ram who deposed that he has deposited the case property with malkhana. PW2 SI Swaranjit Singh, Investigating Officer give all the details about the investigation and documents prepared on the spot Ex.P1 to Ex.P3 i.e. sample seal chit, bulk parcel and second sample parcel. Ex.PB consent statement of accused, Ex.PC recovery memo, Ex.PD personal search memo, ruqa Ex.PE, FIR Ex.PE/1, memo of arrest Ex.PG, application for production of the item before SDJM as Ex.PK and order of SDJM as Ex.PK/1 and report of Chemical Examiner as Ex.PL. PW3 Constable Tehal Singh was a formal witness of the aforesaid documents. PW5 HC Daljit Singh tendered his affidavit about submission of the sealed sample parcels in the office of Chemical Examiner. Thereafter, the statement of accused under Section 313 Cr.P.C. was recorded, in which he denied all the incriminating evidence and pleaded false implication.