DHARAM PAL Vs. UNION TERRITORY

JUDGEMENT

(1.) DHARAMPAL son of rachan Singh stands convicted by the Court of Additional Sessions Judge, Chandigarh , under Section 15 of the Narcotic Drugs and psychotropic Substances Act (in short to be referred as 'the Act') and sentenced to undergo ten years' rigorous imprisonment along with fine of Rs. One lac, in default of payment of fine to further undergo RI for two years. Aggrieved against the same, the accused-appellant has filed the present appeal.

(2.) THE appellant was sought to be prosecuted in case FIR No. 138 dated 19-11-1992 registered. at police station West-Chandigarh.

(3.) ASI Rajinder Pal of CIA Staff has stated that he was present on the bridge of village khuda Lahora in connection with patrolling where Om Parkash son of Ram Lal, resident of Burail met him by chance. While he was busy with him in conversation, a secret informer is said to have relayed an information that a young boy is going to pass from the side of village Khuda Lahora carrying poppy husk in a gunny bag on a bicycle. The informer also stated that in case he is apprehended, poppy husk can be recovered. It is further stated therein that in the presence of ASI, with a gunny bag tied with a tube on the bicycle, a young man was sighted coming. He gave his name as dharam Pal son of Rachan Singh. An offer was made to him whether he intended to be searched before a Gazetted Officer, upon which he consented and Surjit Singh DSP (Crime) was called at the spot. On presentation of the accused before the DSP, his search was conducted and 16 Kgs of poppy husk is said to have been recovered from the gunny bag tied with a tube on his bicycle