DEV SINGH AND ORS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 9.12.1997, and the order of sentence of the even date, rendered by the Court of Addl. Sessions Judge, Patiala, vide which it convicted the accused/appellant Dev Singh, for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs.1 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of two years.

(2.) The facts, in brief, are that on 14.5.1997, Jaswinder Singh, ASI, alongwith Amrik Singh, HC, and other police officials, was present on the katcha passage, near the bridge of canal minor in the limits of village Kulburchha, by holding a picket, when Gurbachan Singh, independent witness, came there per-chance. Jaswinder Singh, ASI, was talking to him, when the accused came on a bicycle, from the side of village Achral Khurd. On seeing the police party, he tried to turn back, and, at that time, he was carrying a gunny bag on the carrier of his bicycle. He was apprehended, on the basis of suspicion. The search of the gunny bag, being carried by the accused, on his bicycle, was conducted, in accordance with the provisions of law. It was found containing 35 kgs. Poppy-husk. A sample of 250 grams, was taken out of the same. The sample, and the remaining poppy-husk, were converted into parcels, duly sealed with the seal bearing impression 'JS'. Thereafter, the case property was taken into possession, vide memo Ex.PC. The accused was arrested. A memo regarding the grounds of arrest, was prepared. Ruqa Ex.PE was sent to the Police Station, on the basis whereof, FIR Ex.PE/1, was registered. Rough site plan of the place of recovery was prepared, with correct marginal notes. After the completion of investigation, the accused was challaned.

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