PREM PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Prem Pal has filed the present appeal against the judgment of conviction and order of sentence dtd. 8/8/2014 passed by learned Special Court, Rupnagar, whereby he was convicted for the commission of offence punishable under Sec. 15 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, the NDPS Act) and was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.15,000.00. In default of payment of fine, he was further sentenced to undergo rigorous imprisonment for three months.

(2.) Briefly stated, an FIR No.71 dtd. 15/6/2013 under Sec. 15 of the NDPS Act was registered against the appellant at Police Station GRPS Sirhind with the allegation that on 15/6/2013, when SI Harjit Singh along with HC Sugreev Chand and other police officials were present on Southern side at Platform No.1 at Railway Station, Ropar in connection with checking of suspicious persons, at about 5.27 AM, a train No.4553 UP came and he asked the passengers of the train to join them for checking, but they showed their inability to join the police party. In the meanwhile, the accused after alighting from the train, was going towards exit of the Railway Station with a white bag on his head. Noticing that the police party is checking the passengers, he abruptly stopped and, therefore, on suspicion, SI Harjit Singh apprehended the accused with the help of other police officials. On enquiry, he disclosed his name as Prem Pal son of Naney, resident of Village Aaspura, PS Dela Peer, District Bareli (UP). SI Harjit Singh disclosed his identity to the accused and told the accused that he (SI Harjit Singh) suspects some intoxicant in his bag, therefore, he wants to search the same. The accused was also made aware of his right to get the search effected before a Magistrate or gazetted officer, but the accused reposed his faith in SI Harjit Singh. Accordingly, SI Harjit Singh scribed the consent memo of the accused Ex.PW2/A, thumb marked by the accused and attested by the witnesses. On search, it was found that the bag contained poppy husk, out of which, he separated two samples of 250 grams each and prepared two sample parcels. The remaining poppy husk on weighment came out to be 29.500 kg. Thus, 30 kg of poppy husk was recovered from the possession of the appellant-accused from the bag, the accused was carrying with him.

(3.) After completion of investigation, challan was presented in the Court. The copies of challan as envisaged under Sec. 207 Cr.P.C. were supplied to the accused free of costs. On finding a prima- facie case, the appellant-accused was charge-sheeted for commission of offence punishable under Sec. 15 of the NDPS Act, to which he did not plead guilty and claimed trial.