LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 20.11.2001, rendered by the Court of Special Judge, Ferozepur, vide which it 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 another period of one year each for having been found in possession of 120 bags each containing 15 Kgs. of poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 25.03.1998 ASI Gurpreet Singh, Incharge Police Post Bahabwala, Police Station Sadar, Abohar, along with other police officials was present, after having held a picket on the bridge of canal minor in the area of Village Amarpura situated on Abohar-Hanumangarh road. At about 11.30 A.M, a tanker bearing registration number PB-09-KA-5937 came from the side of Rajasthan. The tanker was signalled to stop and the driver stopped the same at some distance. Lakhbir Singh, accused, was driving the tanker, whereas, Punjab Singh was sitting by his side. Search of the tanker was conducted, in accordance with the provisions of law, in the presence of DSP Gurmit Singh, who was called to the spot through wireless message, which resulted into the recovery of 120 bags each containing 15 Kgs. of poppy husk. Two sample of 250 grams, from each of the bags were taken out, and the remaining poppy husk, was put into the same bags. The sample and the bags were duly sealed with the seals bearing impression 'GS' of Gurpreet Singh and 'GS' belonging to Gurmit Singh, DSP. Separate sample impression of the seals was prepared. The seal, after use, was handed over to Head Constable Pritam Singh. The accused could not produce any valid permit or licence, for keeping in possession, the poppy husk. Therefore, the entire case property including the sample parcels were taken into possession vide a separate recovery memo, attested by the witnesses. Personal search of accused Lakhbir Singh was effected which resulted in to the recovery of Rs. 550/- whereas the personal search of accused Punjab Singh, resulted into the recovery of Rs. 370/-. The amount of personal search of both the accused, was taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, FIR was recorded. The tanker was also taken into possession vide a separate recovery memo. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined Nagore Singh, PW-1, Pritam Singh, ASI, PW-2, Gurmit Singh, DSP, PW-3, Baljinder Singh, Constable, PW-4, and Gurprit Singh, ASI, PW-5. Thereafter, the Public Prosecutor for the State closed the prosecution evidence.