AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 14.7.1997, rendered by the Court of Addl. Sessions Judge, Patiala, vide which it convicted the accused/appellant Amarjit 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 often 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 two years.

(2.) THE facts, in brief, are that on 29.5.1996, Kashmira Singh, ASI along with other police officials was going towards Rattanheri, Marori etc. for patrol duty, on private scooters and when the police party, reached at Bhawanigarh crossing, in City Samana, Baghel Singh son of Kartar Singh met it, who was also joined in the police party. When the police party proceeded further and reached at a place from where another road bifurcates and leads to village Saundhewal, the accused was seen coming, on foot, from the side of Village Rattanheri, carrying a polythene bag, on his head. On seeing the police party he tried to slip away, but was apprehended on suspicion. On his search, in accordance with the provisions of law, 9 kg.500 grams poppy husk was recovered. The accused could not produce any licence, for keeping in possession the poppy husk. A sample of 250 grams, was separated therefrom. The sample and the remaining poppy husk were converted into parcels, sealed with the seal bearing impression 'KS' and thereafter the case property was taken into possession vide memo Ex. P -3. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. Rough site plan of the place of recovery was prepared. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Nishan Singh, Head Constable, PW -1, Kashmira Singh, ASI, PW -2, Surinder Singh, Head Constable, PW -3, Rachhpal Singh, Inspector, PW -4 and Beant Singh, Constable, PW -5. Prosecutor for the State tendered into evidence, the report of the Chemical Examiner, Ex. PG, and closed the same.