BHAGWAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 17.12.2007, rendered by the Judge, Special Court, Nawanshahr, vide which, he convicted the accused/appellants, for the offence, punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced them to undergo rigorous imprisonment for a period of ten years each, and to pay a fine of Rs.1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for a further period of one year each, for having been found in possession of three bags each containing 35 kgs poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 30.4.2005, SI Rakesh Kumar along-with other police officials was on partol duty in the area of village Jabbowal and when they reached near the cremation ground in village Jabbowal, they noticed one man accompanied by two ladies, in a room, sitting on three bags separately. Upon enquiry, the man sitting on one of the bags, disclosed his name, as Bhagwan Dass. One of the ladies, who was sitting on another bag, disclosed her name, as Banso, and the other lady sitting on the third bag disclosed her name as Bimla. Avtar Singh, Sarpanch, who came there, was associated with the police party. The Investigating Officer told the accused that he was having suspicion that the bags contained contraband, and he wanted to search the same. Accordingly, search of the bags was conducted. 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 in the same bags. The samples and the bags, containing the remaining poppy husk were converted into separate parcels, duly sealed and taken into possession vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof FIR was registered. Site plan was prepared. The accused were arrested. The statements of the witnesses were recorded. After completion of the investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined ASI Paramjit Singh, PW1, HC Jagtar Singh, PW2, SI Surinder Pal Singh, PW3, HC Avtar Singh PW4, SI Rakesh Kumar, PW5, and DSP Navjot Singh PW6 Thereafter, the Public Prosecutor for the State closed the prosecution evidence.