DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 03.05.1995, and the order of sentence dated 04.05.1995, rendered by the Court of Additional sessions Judge, Ambala vide which it convicted the accused/appellant Dilbagh 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 two years.

(2.) THE facts, in brief, are that on 06.12.1993, Deep Ram, Sub Inspector was present on the bridge of Narwana Branch Canal, along with other police officials. The accused was seen coming from the other side, on a cycle, with a gunny bag on the carrier thereof. On seeing the police party, he tried to slip away, but on suspicion, he was apprehended. The search of the gunny bag was conducted, in accordance with the provisions of law. It was found containing 10 Kgs of poppy husk. Two samples were separated from the recovered poppy husk, and the remaining poppy husk, was kept, in the same bag. The samples and the bag were sealed with the seal, bearing impressions 'KS' and 'DR' and same were taken into police possession vide recovery memo Ex. PB. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Ashok Kumar, HC (PW1); Karan Singh, DSP (PW2), Atma Ram, HC (PW3), and Deep Ram, SI/SHO (PW4), the Investigating Officer. The Addl. PP for the State, tendered into evidence affidavits Ex.PY and Ex.PZ respectively, report of the Chemical examiner Ex.PX, and, thereafter, closed the same.