INDER SINGH SO OF UJAGAR SINGH SON OF BUTA SINGH, RESIDENT OF VILLAGE RASULPUR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 22.7.1997, rendered by the Court of Addl. Sessions Judge, Gurdaspur, vide which it convicted the accused/appellant, for the offence punishable under Section 20 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 09.12.1996 SI/ SHO Harjinder Singh along with other police officials, was present in the area of Bhagowal, in connection with patrol and crime checking duty. A secret information was received that Inder Singh son of Ujagar Singh was doing the business of sale of poppy husk and on that day, he was coming with poppy husk and was to cross bridge of canal, in the area of Choranwali to go to his village. On receipt of the information, the police party reached the disclosed place and a picket was held. Om Parkash, Sarpanch, was joined with the police party. On reaching the bridge of canal, Choranwali, the accused was seen coming with a plastic bag. Search of the plastic bag, being carried by the accused, was conducted in accordance with the provisions of law. It was found containing 1.750 kgs. poppy -husk. A sample of 250 grams was separated. The sample as well as the remaining poppy -husk, were converted into parcels, duly sealed with the seal, bearing impression 'HS', and taken into possession, vide a separate recovery memo Ex.PB. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Ajaib Singh, DSP, PW -1, Harjinder Singh, SI, PW -2, Sucha Singh, ASI, PW -3, Balwinder Singh, Constable, PW -4, Diwan Singh, Reader, PW -5, Balwinderjit Singh, HC, PW6, and Khera Singh, C, PW7. Thereafter, the Public Prosecutor for the State, tendered into evidence report of the Chemical Examiner, Ex.PJ, and closed the same.