DARSHAN RAM ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant appeal has been preferred by Darshan Ram alias Kala, son of Chura Ram, resident of village Bhungarni, District Hoshiarpur. He stands convicted under Section 15 of the Narcotic Drugs & Psychotropic Substances Act ( hereinafter to be referred as 'the Act') by the Court of Special Judge, Hoshiarpur and sentenced to undergo RI for ten years and to pay a fine of Rs. 1 lac, in default of payment of which to suffer further RI for six months. He was prosecuted in case FIR No. 137 dated 25 -7 -1997 registered at police station Sadar Hoshiarpur.

(2.) THE FIR was registered at the instance of ASI Gurnam Dass, who stated that on 25 -7 -1997 he along with his companion officials was present on the Bus Stand of village Fuglana when a special informant relayed an information that Darshan Ram @ Kala indulges in the sale/purchase of poppy husk and if a raid is conducted, heavy quantity of contraband can be recovered. This information was reduced into writing and the same was sent to the police station for registration of the FIR. Thereafter ASI Gurnam Dass proceeded towards the spot. The appellant is said to have made a disclosure statement ( Exhibit PA) to the effect that he had kept concealed three bags of poppy husk in the pits of shalmlat land near a peepal tree. In pursuance of the said disclosure statement, 3 bags of poppy husk were recovered and the same were taken into possession vide recovery memo. Exhibit PB. The memo. Exhibit PC regarding handing over of the case property shows that each bag weighed 34 Kgs.

(3.) PROSECUTION examined 5 witnesses in all: