CHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal appeal has been preferred by Chand Singh resident of village Kotha Guru, Tehsil Phul, District Bathinda. He was named as an accused in case FIR No. 88 dated 01.09.2002 registered at Police Station Dialpura under section 15 of the NDPS Act.

(2.) Angrej Singh along with other police officials namely, ASI Gurparvinder Singh; Head Constable Sudesh Kumar; SPO Inderjit Singh and Home Guard Varinder Singh in a Government canter for the purposes of patrolling, were present near the gate of Grain Market on Kotha Guru road, when a secret information was received that the present appellant indulge in sale of poppy husk and sale is effected by him from his deserted cattle shed. In case raid is caused, poppy husk can be recovered. Believing the information to be trustworthy, Ruqa (Ex.PA) was sent to police station for registration of the case under section 15 of the NDPS Act and on the basis of information, police party proceeded to the cattle shed of the accused appellant.

(3.) is stated that police party joined by Mander Singh (public witness) proceeded towards the spot. It is stated that when the police party reached near the brick kiln of Prem Kumar, accused was spotted by them coming from opposite direction. It is further stated that on identification by head constable Gurparvinder Singh, the accused was apprehended by the police party and was interrogated. It is stated that during interrogation, he suffered a disclosure statement under section 27 of the Evidence Act and disclosed that he had kept concealed two gunny bags each containing 35 kgs of poppy husk in deserted house meant for tethering cattle. Disclosure statement (Ex.PB) was reduced into writing and was signed by accused appellant and was attested by Mander Singh and head constable Gurparvinder Singh. Thereafter, recovery memo (Ex.PE) was prepared and the poppy in pursuance of disclosure statement (Ex.PB) was recovered.