MAJOR SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 26.4.1997, rendered by the Court of Addl. Sessions Judge, Mansa, vide which it convicted the accused/appellant Major 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 one year.

(2.) THE facts, in brief are that on 8.12.1994, Mohinder Singh, ASI, alongwith Baldev Singh, HC, Prem Singh, HC, and other police officials, was going on official vehicle from Village Mussa towards Autawali, on link road, and when the police party was 1 -1/2 k.m. ahead of village Mussa, the accused and another person, were seen coming from the opposite side, having plastic bags on their heads, who tried to slip, on seeing the police party. On suspicion, they were apprehended. Major Singh, accused, was apprehended by Mohinder Singh, ASI, who disclosed his identity. The search of bag, being carried by the accused, was conducted, by Mohinder Singh, ASI, in the presence of DSP, who was called to the spot, through wireless message. The bag was found, containing 5 Kgs. poppy husk. A sample of 100 grams, was taken out of the same. The sample, and the remaining poppy -husk, were converted into two parcels, duly sealed, with the seal bearing impressions 'MS', and taken into possession, vide memo Ex.PS. Ruqa was sent to the Police Station, on the basis whereof, the FIR was registered. The accused was arrested. Special report was sent to SP (H), Mansa. On reaching the Police Station, the case property alongwith the accused, was produced before Hardevinder Singh, SHO. He produced the case property and the sample parcel, before the Illaqa Magistrate. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Mohinder Singh, ASI, (PW -1), the Investigating Officer, Baldev Singh, HC, (PW -2), a witness to the recovery and Hardevinder Singh, SI, (PW -3). The Public Prosecutor for the State, tendered into evidence, affidavit Ex.PH of Raghbir Singh, Constable, and Ex.PJ/2, report of the Chemical examiner. Thereafter, he closed the prosecution evidence.