JANTA SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 26.4,1997, rendered by the Court of Addl. Sessions Judge, Mansa, vide which it convicted the accused/appellant Janta 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 one year.

(2.) THE facts, in brief, are that on 8.12.1994, Mukhtiar Singh, SI, alongwith Mohinder Singh, ASI, Baldev Singh, HC, and the other police officials, was going on official vehicle, from village Mussa towards village Attawali, and when the police party reached 1 -1/2 k.ms. ahead of village Mussa, two persons, one of them Janta Singh, accused, were seen coming on foot from the side of Autawali. They were having plastic bags on their heads. They tried to slip away, but were apprehended. On search of the bag, being carried by Janta Singh, accused, in accordance with the provisions of law, it was found containing 5 kgs. 100 grams poppy -husk. A sample of 100 grams was separated, and the remaining poppy -husk was put into the same bag. Both the parcels were duly sealed, with the seal bearing impression 'MS', and taken into possession. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of his case, examined Prem Singh, HC (PW1), Mukhtiar Singh, SI (PW2) and Hardavinder Singh, SI (PW3). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.