KAKU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 9.7.2001 passed by the Court of learned Judge, Special Court, Bathinda, whereby he convicted and sentenced accused Kaku Singh, Sita Singh and Buta Singh to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for 2 years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').

(2.) SHORN of all unnecessary details, the prosecution version is that on 2.11.1996, SI Major Singh, accompanied by other Police officials, happened to be present at Bus Stand of Village Jalal being on patrol duty in Government Jeep being driven by Constable Hardev Singh. He received a secret information through Head Constable Baldev Singh that the accused were indulging in the sale of poppy husk in the cotton field of Sita Singh accused. On receipt of this information, he went there. The accused were sitting on the gunny bags. On catching sight of the Police party, they took to their heels but Kaku Singh was intercepted, whereas Sita Singh and Buta Singh made good their escape. Kaku Singh was given option of being searched before a Magistrate or a Gazetted Officer. He opted to be searched in the presence of a Gazetted Officer. His consent memo. was recorded. On receipt of message, Sher Singh DSP Commando came at the spot. On his directions, 25 bags which lay in the cotton field, were searched. The same were found containing poppy husk. 200 grams of poppy husk was separated from each bag and turned into parcel. The residue of each bag, when weighed, came to 34 Kgs. 800 Grams. The bags containing residue were converted into parcels. All the parcels were sealed with seal MS and taken into possession vide recovery memo. The seal after use was handed over to ASI Mohinder Singh. Ruqa was sent to the Police Station. On its basis, formal FIR was recorded. The aforesaid SI prepared the rough site plan showing the place of recovery. On personal search of accused Kaku Singh, currency notes worth Rs. 20/- were recovered. The same were also seized vide memo. On return to the Police Station, the case property was kept by the Investigator, Major Singh. On the next day, the accused was produced before the Ilaqa Magistrate. He directed to deposit the same with the MHC of Judicial Malkhana, but there being no space therein, the same was deposited with the MHC Balwant Singh in the Police Station. On 5.11.1996, Buta Singh as well as Sita Singh accused were arrested. On receipt of Chemical Examiner's report and after completion of investigation, the charge-sheet was laid in the Court of learned Illaqa Magistrate. He committed the same to the Court of Sessions for trial of the accused.

(3.) IN order to substantiate its allegations, the prosecution has examined PW-1 SI Major Singh (Investigator), PW-2 Constable Paramjit Singh, PW-3 ASI Mohinder Singh and closed its evidence by tendering the Chemical Examiner's report, Exh. PN/1 and by giving up DSP Sher Singh as he had gone abroad.