DILAWAR SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 22.04.1997, rendered by the Court of Sessions Judge, Hoshiarpur, vide which it convicted the accused (now appellant), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment, for a period of two years.

(2.) The facts, in brief, are that on 05.09.1995 ASI Balwinder Singh along with H.C. Sawinder Pal, and some other police officials, was present, at the bus stand of village Denowal Khurd, in connection with patrol duty. He received a secret information against accused Dilawar Singh, that he was dealing in the sale of poppy husk, and if a raid was conducted, recovery of poppy husk could be effected from him. On receipt of this information, ruqa Ex.PG, was sent to the Police Station, on the basis whereof FIR Ex.PG/1 was registered. Thereafter, ASI Balwinder Singh, along with other members of the police party, went to the house of the accused for raid. The accused was found present in his house. Ram Lubhaya, Constable, was sent to bring respectables but due to party faction in the village, no person was willing to join the raid. Thereafter, the accused was taken into police custody and interrogated. He suffered a disclosure statement that he had concealed 13 bags of poppy husk in a kotha, in which wheat chaff was lying, of which he only knew and could get the same recovered. Thereafter, the accused led the police party, to the predisclosed place and got recovered 13 bags, each containing 36 Kgs poppy husk. The accused made another disclosure statement that he had concealed seven bottles of Indian made foreign liquor make Binney Aristocrat in a room of his house, about which only he knew and could get the same recovered. In pursuance of the said disclosure statement, he got recovered bottles of licit liquor from the pre disclosed place, for which a separate case was registered. Wireless message was sent to the DSP, Hoshiarpur, as a result whereof, he came to the spot. ASI Balwinder Singh produced before him the accused and 13 bags each containing 36 Kgs poppy husk, referred to above. The DSP, Hoshiarpur, took out a sample of 250 grams poppy husk from each of the bags. Thereafter, the contents of the samples were put into separate packets, and the remaining poppy husk was kept in the same bags. These were converted into parcels, duly sealed, and taken into possession, vide separate recovery memo. The site plan was prepared. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) On his appearance, in the Court, the accused was supplied the copies of documents, relied upon by the prosecution. Charge under Section 15 of the Act, was framed against the accused, to which he pleaded not guilty and claimed judicial trial.