SUKHDEV SINGH @ GOGI Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) SUKHDEV alias Gogi has filed this appeal against the judgment and order dated 8.12.2001/23.12.2004 passed by the Special Judge, Bathinda whereby the Appellant was convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and was sentenced to undergo rigorous imprisonment for twelve years and a fine of Rupees one lakh.

(2.) PROSECUTION story, in brief, is that on 1.6.1996, S.I. Balwinder Singh along with other police officials were proceeding from village Teona Pujarian towards village Behman Kaur Singh. When the police party reached one kilometer ahead of Behman Kaur Singh, a person was seen coming from the opposite direction on a she -camel with gunny bags. On seeing the police party, he tried to turn towards left hand side. He was stopped on suspicion and was apprehended. On inquiry, the said person disclosed his name as Sukhdev Singh alias Gogi. Sukhdev Singh alias Gogi was told that the poppy husk was suspected in the gunny bags loaded on she -camel, and in case he wanted, search could be conducted by SI Balwinder Singh or he could get his search effected before a Magistrate or any other higher police officer. Memo in this regard was prepared . Sukhdev Singh alias Gogi opted to get his search effected before higher police officer. DSP Jaswant Singh was requested to reach the spot and thereafter, in his presence, five gunny bags loaded on the she -camel were opened and poppy husk was recovered from them. The gunny bags were numbered from 1 to 5. 200 grams of poppy husk was drawn out as a sample from each bag. On weighment the remaining poppy husk came to 39 kilograms and 800 grams in each gunny bag. The weighed poppy husk was again put back in the same gunny bags. Gunny bags and sample parcels were sealed with seal bearing impression 'BS'. Seal after use was handed over to ASI Nirmal Singh. Personal search memo of Sukhdev Singh @ Gogi was prepared. Since Sukhdev Singh alias Gogi could not produce any licence for keeping in his possession the poppy husk, a ruqa was sent for registration of case against him under Section 15 of the Act.

(3.) AFTER completion of investigation and necessary formalities, accused was sent up for trial. Charge against the accused was framed on 29.11.1996 by the Additional Sessions Judge Bhatinda under Section 15 of the Act. Accused did not plead guilty to the charge and claimed trial. At the trial, prosecution, in order to prove its case, examined SI Balwinder Singh (PW1), DSP Jaswant Singh (PW2) and DSP Tarsem Singh (PW3). An affidavit of Constable Sat Pal Singh was tendered in evidence as Exhibit PM. After the close of prosecution evidence, accused when examined under Section 313 of the Code of Criminal Procedure prayed that he was innocent.