TAKHAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 18.03.1997, rendered by the Court of Additional Sessions Judge, Patiala, 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 three months.

(2.) THE facts, in brief, are that on 24.09.1994 ASI Sucha Singh of Police Station Sadar, Samana along with H.C. Gurdev Singh and other police officials, set out for checking of suspected persons, and when they were going from the side of village Chhohat towards Paharpur, and reached on the minor canal bridge, in the jurisdiction of village Chhohat, Darshan Singh son of Makhan Singh, met them. When they were busy in talking to him, one person was found sitting on the road side but suddenly slipped, went inside the nearby paddy field, and sat down. This created suspicion. The police party followed him. He was apprehended while sitting by the side of three filled bags. He told his name as Takhat Singh son of Santokh Singh. Search of the bags, in accordance with the provisions of law, was conducted by ASI Sucha Singh. From each bag, 250 of grams poppy, husk was taken out as a sample. The remaining poppy husk, on weighment, was found to be 34 Kgs 750 grams, in each bag. The samples and the remaining poppy husk, were converted into separate parcels, duly sealed, and taken into possession. Seal after use was handed over to Darshan Singh, PW. The accused was arrested. The site plan was prepared. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Jaipal Singh, Inspector, (PW-1), Kuldip Singh, Constable, (PW-2), Satnam Singh, MHC, (PW-3), Sucha Singh, ASI, (PW-4), and Gurdev Singh, Head Constable, ( PW-5 ) Thereafter, the Addl. P.P for the State, closed the prosecution evidence.