SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 24. 5. 1997, rendered by the Court of Addl. Sessions judge, Amritsar, vide which it convicted the accused/appellant Surjit Singh, for. the offence punishable under Section 15 of the narcotic Drugs and 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 4. 5. 1996, rachhpal Singh, SI/sho, of Police Station harike, along with other police officials, including Faqir Fateh Singh, SI, and Tarlok singh, ASI, happened to be present, at Bus stand Harike, for checking of bad elements, and patrolling, near petrol pump. Rachhpal singh, SI, received a secret information, to the effect that the accused was in possession of poppy-husk, in the mand area of river Beas, in the revenue limits of village kirrian, and if a raid was conducted, recovery of huge quantity of poppy-husk, could be effected from him. This information was embodied by him, in Ruqa Ex. PA. Ruga was sent to the Police Station, on the basis, whereof, formal FIR was registered. Mandar Singh, DSP, was flashed wireless message, with a request to reach the spot. He met the police party on the main road within the revenue limits of the aforesaid village. He was also associated with the police party. Thereafter, the police officials parked their vehicles, on the kacha passage, and proceeded towards the accused, on foot. The accused was sitting in the Eastern direction, in the mand area. Two more persons were also with the accused. On seeing the police party, those two persons made good their escape. The accused was, however, apprehended by Mandar Singh, DSP. 20 gunny bags were lying by the side of the accused. Search of those gunny bags, was conducted, in accordance with the provisions of law, and each bag was found containing 40 kgs. poppy-husk. A sample of 250 grains, from each of the bags, was taken out. The samples and the remaining poppy husk, in the same gunny bags, were converted into parcels, duly sealed with the seal, and taken into possession vide a separate recovery memo. The specimen seal was prepared. The seal after use, was handed over to Faqir fateh Singh, SI. The site plan of the place of recovery was prepared. The accused was arrested. The statements of the witnesses were recorded. After the completion of investigation, the accused was challaned.

(3.) ON his appearance in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, was framed against him, to which he pleaded not guilty and claimed judicial trial.