KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 19.04.2001, rendered by the Judge, Special Court, Ludhiana, vide which he convicted the accused (now appellant), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, and in default of payment of fine, he was to undergo further rigorous imprisonment, for a period of one year, for having been found in possession of 37 Kgs. 500 grams poppy husk, which now falls within the ambit of non- commercial quantity, without any permit or licence.

(2.) THE facts, in brief, are that on 02.01.2000 a Police party headed by Ravinder Pal Singh, Sub Inspector, along with other police officials, was going for patrol duty, from the side of village Sidhwan Bet towards village Khurshaidpur, and at about 4.30 PM, when the Police party reached the culvert of the drain, within the area of village Sidhwan Bet, the accused was seen coming from the opposite side, on a scooter. A gunny bag had been placed, on the pillion of the scooter. He was stopped, on suspicion, by the Investigating Officer. The search of the gunny bag, was conducted in the presence of Ashok Puri, DSP, who was called to the spot, by sending a message, as a result whereof, it was found containing 37 Kgs 500 grams poppy husk. Two samples of 250 grams each poppy husk, were taken out. The samples and the remaining poppy husk were converted into separate parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa Ex.PD was sent to the Police Station, on the basis whereof, the FIR Ex.PD/1 was registered. The accused was arrested. The site plan Ex.PE, 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 Ravinder Pal Singh, S.I., (PW-1), the Investigating Officer, Ashok Puri, DSP, (PW-2), a witness to the recovery, Baljit Singh, HC, (PW-3), a formal witness, who tendered his affidavit Ex.PH, Dalip Singh, ASI, (PW-4), who was acting as SHO (officiating), was present in the Police Station, and recorded the FIR, and Balbir Singh, SI, (PW-5), a witness to the recovery. Thereafter, the Additional Public Prosecutor for the State, closed the prosecution evidence.