KAKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE appeals are directed against the judgment of conviction and the order of sentence dated 25.2.1999, rendered by the Court of Additional Sessions Judge, Mansa, vide which, it convicted the accused (now appellants), for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as the Act' only) and sentenced them to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 1 lac each and in default of payment of the same, to undergo rigorous imprisonment for a further period of two years each, for having been found in possession of 6 bags each containing 35 kgs. 100 grams poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 19.6.1996, the Police party headed by SI Deep Chander was on patrol duty, and general checking, and when it was present at the bus stand of village Sangha, Gowardhan Dass Chowkidar son of Bhagwan Singh met it, who was joined with it. The Police party proceeded further towards village Ding, and when it had covered a distance of 2-1/2 kilometers, the accused were seen sitting in the old grave-yard. On seeing the Police party, they tried to run away from the spot, but were apprehended on suspicion. It was noticed that they had kept a heap of poppy husk on the "Chaddar" near the grave-yard of Sahari Peer. They were also in possession of a box of one liter each, in their hands. GSP Iqbal Singh reached the spot after receipt of wireless message, from the Investigating Officer. In the presence of DSP lqbal Singh and, under-his directions, 100 grams of poppy husk, was taken out as a sample from the heap of poppy husk, and the remaining poppy husk was put in, 6 bags, each weighing 35 kgs. The samples and the remaining poppy husk were converted into separate parcels, duly sealed, and taken into possession, vide separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, FIR was registered. Site plan, with correct marginal notes, was prepared. The accused were arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Inspector Bikram Singh,PW1, ASI Jagmel Singh, PW2, SI Deep Chander, PW3, Constable Jaspal Singh, PW4 and Iqbal Singh, DSP, PW5. Thereafter, the Additional Public Prosecutor for the State closed the prosecution evidence.