SHEERA SINGH SON OF GURBACHAN SINGH SON OF MAHNA SINGH, RESIDENT OF NOORPUR HAKIMAN, TEHSIL ZIRA, DISTRICT FEROZEPUR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 09.10.1997, rendered by the Court of Addl. Sessions Judge, Ferozepur, vide which it convicted the accused/appellant Sheera 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 02.07.1993 Mohinder Singh, Assistant Sub Inspector along with other police officials, was present in the area of village Maujgarh and when reached near the bridge of canal minor, from the opposite side, the accused was seen coming on foot. He was carrying a gunny bag on his head. On seeing the police party, he tried to slip away. He was apprehended. Search of the bag, being carried by the accused, was conducted, in accordance with the provisions of law. It was found containing 10 kgs. of poppy -husk. A sample of 250 grams was separated. The sample as well as the remaining poppy -husk, were duly sealed with the seal bearing impression 'MS', and taken into possession vide separate recovery memo Ex.PC. 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 its case, examined Kewal Kumar, Constable ( PW -1 ), Mohinder Singh, ASI, ( PW -2 ), Dinesh Singh, ASI, ( PW -3 ), and Balkar Singh, Inspector, ( PW -4 ). Thereafter, the Public Prosecutor for the State, tendered into evidence report of the Chemical Examiner, Ex.PF, and closed the same.