MALLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 22.5.2006, rendered by the Judge, Special Court, Bathinda, vide which he convicted the accused/appellant, 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 six months, for having been found in possession of 15 bags, each containing 35 kgs. Poppy-husk, without any permit or licence.

(2.) THE facts, in brief, are that, on 18.4.2005, Mohinder Kumar, Inspector, alongwith other police officials, was on patrol duty and checking of crime, in a Government Vehicle, in the area of village Karar Wala, on National Highway, which leads from Bathinda to Barnala-Chandigarh, when Phulveer Singh, ASI, received a secret information, from the informer, that Malla Singh, accused, was indulging in the sale of poppy-husk, and if a raid was conducted, at his house, heavy recovery of poppy-husk, could be effected. The information was credible. The information was reduced into writing, vide ruqa Ex.PM, at 8.15 AM, and the same was sent to the Police Station, on the basis whereof, formal FIR was registered, against the accused. Wireless message was sent to the SHO, P.S. Rampura, to send some Gazetted Officer. The Investigating Officer, alongwith other police officials, reached the railway crossing, where the DSP joined the said party. Darshan Singh, a public witness, was joined with the police party. Thereafter, the Police party went to the house of the accused, where he was found sitting on a cot. He was arrested. On interrogation, he disclosed that he had concealed 15 bags, containing poppy-husk, in a room, meant for stacking fodder, for cattle, in his house, of which he only knew, and could get the same recovered by pointing out. His disclosure statement was reduced into writing, which was thumb marked by him, and attested by the witnesses. In pursuance of the disclosure statement, the accused took the Police party, to pre-disclosed place, and got recovered 15 bags, each containing 35 kgs. Poppy-husk. Two samples of 100 grams each, from each of the bags, were taken out, and the remaining poppy-husk, was kept in the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed with the seals, and taken into possession, vide a separate recovery memo. Rough site plan of the place of the recovery, 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 Darshan Singh, HC, (PW- 1), Raghbir Singh Chahal, DSP (Retd.) (PW-2), Gurpreet Singh, SI, (PW-3), and Mohinder Kumar, Inspector (PW-4). The Addl. Public Prosecutor for the State, closed the prosecution evidence.