BHOLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 04.10.2006, and the order of sentence dated 05.10.2006, rendered by the Special Judge, Moga, vide which he convicted the accused (now appellant), for the offence punishable under Section 15(c) 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. 1.00 lac, and in default of payment of the same, to undergo rigorous imprisonment for another period of one year, for having been found in possession of 70 Kgs. poppy straw, without any permit or licence.

(2.) THE facts, in brief, are that on 21.05.2005, ASI Darshan Singh, alongwith other police officials, was on patrol duty. When the Police party was about half a kilometer ahead of village Langeana, Balwinder Singh, independent witness, met it, and he was associated with it. Thereafter, the Police party reached near the bridge of seepage canal, in the area of village Langeana. Accused Bhola Singh, who was seen sitting on two bags, lying in the dried seepage canal, tried to slip away, but was apprehended. The bags were searched. Each bag was found containing 35 KGs poppy straw. A sample of 250 grams, from each of the recovered bags of poppy straw, was taken out, and the remaining contraband was kept in the same bags. The samples and the bags, containing the remaining contraband, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The accused was arrested. The site plan was prepared. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Ashok Kumar, H.C., (PW- 1), Dilbag Singh, ASI, (PW-2 ), Jaspal Singh, Photographer (PW-3), Jagdish Lal, ASI, (PW-4), Darshan Singh, ASI, (PW-5 ), Kirpal Singh, SI, (PW-6 ) and Ved Parkash, HC (PW-7 ). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.