INDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction, and the order of sentence dated 6.12.2007, rendered by the Judge, Special Court, Ludhiana, 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 3 bags, each containing 35 kgs. Poppy-husk, without any permit or licence.

(2.) THE facts, in brief, are that on 3.9.2002, Baldev Singh, SHO, alongwith other police officials, was going from Sabzi Mandi, Khanna, towards Military ground, in connection with the search of bad elements, and near the park, the accused was seen sitting, on the three bags, who on seeing the police party got perturbed. He was apprehended, and on enquiry, he told his name as Inderjit Singh S/o Nahar Singh. On search, each bag was found containing 35 kgs. Poppy-husk. Two samples of 250 grams, from each of the bags, were taken out, and the remaining poppy-husk, was kept into the same bags. The samples, and the bags, containing the remaining poppy husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Balwant Singh, HC (PW-1), Gurdeep Singh, C-I (PW-2), Harbans Singh, ASI, (PW-3), Om Parkash, ASI, (PW- 4), Balbir Singh, DSP, (PW-5), Baldev Singh, retd. Inspector, the Investigating Officer, at the relevant time SHO, (PW-6), and Ranjit Singh, ASI, (PW-7). Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.