GURUMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 10. 5. 1995 rendered by the Court of learned Additional Sessions Judge, ferozepur, whereby he convicted and sentenced the accused to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000 and in default of the same, to further undergo rigorous imprisonment for three months under Section 15 of the narcotic Drugs and Psychotropic Substances act, 1985 (for brevity, 'the Act' ).

(2.) AS set up by the prosecution, on 21. 9. 1992 SI Tara Singh, along with other police officials, was going in a Police canter for patrolling. When the police party reached the Kacha path leading to village dharam Singh Wala, the accused appeared from the side of village Dharam Singh Wala on the cycle. He fell down from the cycle, he was apprehended. There was a gunny bag on the carrier of his cycle. The above mentioned Sub Inspector asked the accused to tell whether he wanted to be searched in the presence of a Gazetted Police Officer or a Magistrate. He offered to be searched by the Sub inspector. The consent memo. Ex. PB was prepared which was attested by iqbal Singh and Shivdev Singh, who were called from village Killi Gandhara. On search of the gunny bag, poppy husk was recovered. When weighed the same came to 40 Kg. and 100 grams. 100 grams of poppy husk was drawn to serve as sample. Thereafter the sample and the gunny bag containing the residue were converted into separate parcels and sealed with seal TS and seized vide Memo. Ex. PC along with cycle, ex. P2. As a result of personal search of the accused, currency notes worth Rs. 108 were recovered, which along with a wrist watch, were taken into possession vide Memo. Ex. PD. Ruqa, Ex. PE was sent to the Police station, where on its basis, formal FIR, Ex. PE1 was recorded. On return to the Police station, the Sub Inspector produced the accused along with the case property before the S. H. O. Avtar Singh, who sealed the case property with his own seal AS and took the same into possession vide Memo. Ex. PF. On receipt of Chemical Examiner's Report and after completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) THE accused was charged under Section 15 of the Act, to which he did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution has examined Dr. Ajit Singh pw1, SI Tara Singh PW2, Inspector Avtar singh PW3, Constable Sat Pal PW4, Head constable Balraj Singh PW5 and closed its evidence.