MACHHATTAR SINGH KAKU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 19. 12. 2003, and the order of sentence dated 20. 12. 2003, rendered by the Judge, special Court, Bathinda, vide which it convicted the accused/appellant Nachhattar singh @ Kuku, for the offence punishable under Section 15 of the Narcotic Drugs and 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. 1,00,000 and in default of payment of the same, to undergo rigorous imprisonment for another period of 11/2 years. The facts, in brief, are that on 9. 10. 2001, om Prakash, A. S. I along with other police officials, was present at the main gate of grain market Bhagta Bhaika, in connection with checking of suspected persons. Jeet singh, public witness, met the police party, and he was joined. Thereafter, the police party was going towards Gurdwara gandusar Sahib, from Kothaguru, and when it reached near the drain, and was going on katcha passage at a distance of 60/70 karams from the bridge of drain, in the area of Village Kothaguru, the accused was seen sitting on the gunny bags. On seeing the police party, the accused tried to slip away but he was apprehended, on the basis of suspicion. The gunny bags were two in number. On search, the same were found containing 30 Kgs. 250 grams poppy husk each. A sample of 250 grams was taken out of each bag, and the remaining poppy husk, was put in the same gunny bags. The sample and the remaining poppy husk, were converted into parcels, duly sealed, and taken into possession. Sample seal was prepared. Ruqa was sent to the police station on the basis whereof, formal FIR was registered. Statements of the witnesses were recorded. The accused was arrested. After the completion of investigation, the accused was challaned.

(2.) ON his appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to him. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty and claimed usual trial.

(3.) THE prosecution, in support of its case, examined Jagjit Singh Gill. D. S. P. , (PW1), om Parkash. A. S. I. , (PW2), Jaswinder singh. Constable. (PW3), and Parhlad Singh, si, (PW4 ). Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence, after giving up Jeet Singh, public witness, as won over by the accused.