MALKIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment /order of sentence dated 18.7.2001 passed by the Court of learned Special Judge, Rupnagar, whereby he convicted and sentenced Malkit Singh accused to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, to further undergo rigorous imprisonment for two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity,'the Act').

(2.) THE minimal facts of the prosecution case are that on 21.2.1997, SI Gurvinder Pal Singh among other police officials by going in government Allwyn Nissan Vehicle bearing registration No. PB-12A-4826 driven by SPO Daljit Singh carried out checking of duties of Police Posts. Thereafter, they associated with them ASI Malvinder Singh, Incharge Police Post, Arkhali and other police officials. They set up Naka near river Saimphalpur near the gate for the night dominance operation. It was 5.30 A.M. when they were chattering with Sarpanch Harpal Singh of Mianpur. Meanwhile, the accused Malkit Singh was spotted coming from the side of aforesaid village carrying something on a Rickshaw Rehri. He halted his Rehri at some distance and made an attempt to turn back. The Police by directing the search light towards the accused, asked him to stop. Accordingly, he stopped. On being questioned about the contents of gunny bags on the Rickshaw Rehri, he got perplexed and disclosed that it was fresh poppy husk. On receipt of wireless message, Joginder Kumar DSP came at the spot. He asked the accused to tell as to whether he wanted to have the search before a Judge. He expressed his faith in him. The gunny bags, 7 in number, were unloaded. Their contents were found to be poppy husk. When weighed, the contents of 3 bags came to 26 Kg.500 Grams whereas of the 4 bags, turned out to 24 Kg. 500 Grams. Two samples of 250 grams were drawn from each bag to serve as sample and converted into parcels. The residue of poppy husk in each bag was also made into a parcel. The sample seal was prepared. All the parcels were sealed with the seal MS and the chits of aforementioned DSP. All the parcels were seized vide recovery memo. The Rickshaw Rehri was also taken into possession vide separate recovery memo. The Investigator sent Ruqa to the Police Station, where on its basis, formal FIR was registered. He prepared the rough site plan showing the place of recovery. On receipt of chemical examiner's report and after completion of investigation, the charge sheet was laid in the Court for trial of the accused.

(3.) TO bring home guilt against the accused, the prosecution has examined PW-1 MHC Nikka Ram, PW-2 Harpal Singh Sarpanch, PW-3 SI Gurvinderpal Singh, PW-4 Joginder Kumar DSP, PW-5 Constable Harnek Singh and closed its evidence.