GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 12.9.2005, rendered by the Judge, Special Court, Mansa, vide which it convicted the accused/appellant, 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 10 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 one year, for having been found in possession of 70 Kgs. 200 grams, poppy-husk, without any permit or licence.

(2.) THE facts, in brief, are that on 18.3.2004, Bhupinder Singh, SI, alongwith other police officials, was going from Sardulewala towards Tibbi Hari Singh, in connection with search of bad elements, in a Government Gypsy. Gurcharan Singh, independent witness, came across the police party, on the way, and was joined therewith. When the police party reached near Government Hospital, Meerpur Kalan, a person was seen sitting under a tree, on two gunny bags. He was apprehended, by the Investigating Officer, on the basis of suspicion. On enquiry, he disclosed his identity as Gurdip Singh @ Pappu. Search of two gunny bags, was conducted, in accordance with the provisions of law, in the presence of Pargat Singh, DSP, who came to the spot, on receipt of a message, sent to him, as a result whereof, 70 kgs. 200 grams poppy-husk, was recovered. Two samples of 50 grams from each of the bags, were taken out. The remaining poppy-husk, was kept in the same bags. The samples, and the bags, containing the remaining poppy-husk, 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, formal FIR was registered. Rough site plan of the place of recovery, was prepared. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Pargat Singh, DSP (PW-1), Sukhwinder Singh, ASI, (PW-2), Bhupinder Singh, SI, (PW-3), the Investigating Officer, and Shupinder Singh, Constable, (PW- 4). The Addl. Public Prosecutor for the State, gave up Gurcharan Singh, independent witness, as won over, and, thereafter, closed the prosecution evidence.