SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 18.9.1999, rendered by the Court of Addl. Sessions Judge, Patiala, 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 four bags, each containing 31 Kgs. poppy-husk, without any permit or licence.

(2.) THE facts, in brief, are that, on 27.6.1997, ASI Gulab Singh along with other Police officials was going in connection with the patrol duty and checking of bad elements from village Shergarh towards Village Dhabi Gujjran and when at about 6 P.M, the Police party reached a little ahead of Dera of Kapur Singh, parallel to the motor of Ludhan Singh, resident of village Dhabi Gujjran from the side of village Dhabi Gujjran, a tractor make Mohindera International with trolly attached to it came, which was being driven by one youth and the other youth was sitting by his side. On suspicion the tractor- trolly was stopped. On enquiry, the tractor driver disclosed his name as Jaswant Singh and the person sitting in the trolly disclosed his name as Satnam Singh. On search of the trolly four bags, containing poppy husk were recovered. Each bag was found containing 31 kgs. Poppy husk. Two samples of 250 grams from each of the bags were taken out and the remaining poppy husk was put into the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed, with the seals, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused were arrested. Rough site plan of the place of the recovery, was prepared. The statements of the witnesses, were recorded. After the completion of investigation, the accused were challaned.

(3.) THE prosecution, in support of its case, examined ASI Gulab Singh, PW1, Constable Bant Singh, PW2, Balbir Singh, Clerk, SDM Office Samana PW3 (wrongly mentioned (PW2), ASI Gurcharan Singh, PW4, (wrongly mentioned as PW3), HC Swaranjit Singh, PW5 (wrongly mentioned as PW4), and S.S. Srivastava, S.P.(Hq.) PW6 (wrongly mentioned as PW5). Thereafter, the Public Prosecutor for the State, closed the prosecution evidence.