MEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 08.08.1995, rendered by the Court of Additional Sessions Judge, Sangrur, vide which it convicted the accused/appellant Mewa 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 six months.

(2.) THE facts, in brief, are that on 26.08.1993, ASI Swaranjit Singh along with other police officials, was going from Village Kaheru to Village Bamal, in connection with general patrol duty and when they reached near the bridge of canal, in the area of village Kaheru, the accused, who was having a gunny bag, on his head, was seen taking a turn. The action of the accused, arose suspicion in the mind of Swaranjit Singh, ASI, ASI, Swaranjit Singh, after establishing the identity of the accused, apprehended him and recovered poppy husk, from the bag, which he was carrying on his head. Out of the recovered poppy husk, two samples weighing 250 grams each, were drawn and the remaining poppy husk, on weighment, came to be 34.500 grams, and was kept in the same bag. The samples and the bag containing the remaining poppy -husk, were sealed with the seal bearing impression "SS", and were taken into possession, vide recovery memo, prepared at the spot. Inventory of the case property was also prepared. The site plan of the place of recovery, was also prepared. The accused was arrested. On reaching the Police Station, the entire case property was deposited with the Station House Officer, on the same date, in intact condition. The samples were sent to the Chemical Examiner for test. After the completion of investigation, the challan was prepared.

(3.) THE prosecution, in support of its case, examined Swaranjit Singh, ASI (PW -1), Malkiat Singh, HC (PW2) Gurbax Singh, SI (PW3) and Pritpal HC (PW -4), who tendered his affidavit Ex.PG. However, Jagmohan Singh, Constable and ASI Baldev Singh were given up as unnecessary. Thereafter, the Addl. P.P. for the State, tendered into evidence report of the Chemical Examiner Ex.PF and closed the same.