KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant was tried qua commission of offence punishable under Section 15 of the Narctoic Drugs and Psychotropic Substances Act,1985 (for short the 'Act') in FIR No. 95 dated 4.10.2012 registered at Police Station Kathunangal, Amritsar. The trial Court, vide its judgment and order dated 14.7.2015, convicted and sentenced the appellant under Section 15 read with Sections 8 and 29 of the Act. Hence, the present appeal.

(2.) The prosecution story, in brief, is that on 04.10.2012, a Police party headed by Assistant Sub Inspector-Dhanwinder Singh was on petrol duty and, when they reached near bridge canal Babowal, one motor cycle came from the side of village Bhilowal. Two persons were riding the motor-cycle and, on seeing the Police Party, they tried to turn back but were apprehended by the Police. Before conducting the search, efforts were made to join the independent witness but no one was willing and, on asking, the motor-cycle rider disclosed his name as Kulwant Singh, son of Gurmej Singh and the person sitting behind disclosed his name as Sarwan Singh, son of Wadhawa Singh. On checking the polythene bag kept by accused-Kulwant Singh, poppy husk was recovered, out of which, two samples of 250 grams each were separated and remaining one and a half kilogram was put into a plastic bag and the parcels were prepared and sealed by the Investigating Officer. Similarly, on checking the polythene bag of Sarwan Singh, poppy husk was recovered, out of which two samples of 250 grams, each were drawn and separated and remaining one and a half kilogram was kept in a plastic container and sealed by the Investigating Officer. Thereafter, the other formalities of investigation were completed and the case property was produced before Station House Officer of Police station, who also put his seal, and kept the same in his double lock. The sample parcels were sent to the Office of the Chemical Examiner.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Thereafter, the appellant accused was charge-sheeted under Section 15 read with Sections 8 and 29 of the Act.