KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 3.6.2003, and the order of sentence dated 5.6.2003, rendered by the Special Judge, Ferozepur, vide which he convicted the accused/appellant, 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 six months, for having been found in possession of 5 bags, each containing 35 Kgs. Poppy-husk, without any permit or licence.

(2.) THE facts, in brief, are that, on 23.6.1996, Bakhshish Singh, SI, Incharge CIA Staff, Zira, alongwith other police officials, was going towards Dharamkot, in connection with patrol duty, and search of suspected persons, in an official Canter, and when the police party reached the Chowk of Kot Isse Khan, he received a secret information, that Kuldeep Singh @ Kala S/o Bant Singh, resident of Village Galoti, P.S. Dharamkot, was in the habit of selling poppy-husk, and even, at that time, he was in possession of huge quantity of poppy-husk, and if a raid was conducted, then the same could be recovered. As the information was reliable, Bakhshish Singh, SI, sent ruqa, to the Police Station, on the basis whereof, formal FIR, was registered. Thereafter, the police party reached the house of the accused. Message was sent to Baljinder Singh Grewal, DSP, Zira, to reach village Galoti. The accused, was found in his house. The DSP, reached the spot. The accused was apprehended. Bakhshish Singh, SI, interrogated the accused, in the presence of the DSP, who made a disclosure statement, that he had concealed 5 bags, containing poppy-husk, under the wheat chaff, lying in the tubewell room, of his land, which he had taken on lease, of which, he only knew, and could get the same recovered, by pointing out. The accused thumb marked the disclosure statement, which was attested by the witnesses. Thereafter, the accused led the police party, to the pre-disclosed place, and got recovered 5 bags, each containing 35 Kgs. Poppyhusk. A sample of 250 grams, from each of the bags, was taken out, and the the remaining poppy-husk, was kept in the same bags. The samples, and the bags, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. The accused was arrested. The statements of the witnesses, were recorded. Rough site plan of the place of recovery, was prepared. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Bakshish Singh, SI, (PW- 1), the Investigating Officer, Dalbir Singh, HC, (PW-2), Balwinder Singh, ASI, (PW-3), S.P.Kohli, Asstt. Chemical Examiner, Bhatinda, (PW-4), Gurmel Singh, Inspector, (PW-5), Kuldeep Kumar, Constable, (PW-6), Gurnaib Singh, Constable (PW-7), and Baljinder Singh Grewal, SP (PW-8), at the relevant time DSP. Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.