MALKIAT SINGH ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence dated 14.07.2005, rendered by the Judge, Special Court, Kapurthala, vide which she convicted the accused (now appellant), for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be as the 'Act' only) and sentenced him to undergo RI for a period of 10 years and to pay a fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment, for a period of two years, for having been found in possession of 60 Kgs poppy husk, without any permit or licence.

(2.) THE facts, in brief, are that on 03.07.1997 ASI Harjinder Singh along with H.C. Gian Singh and other police officials was going on the unmetalled passage, leading from Latianwala to Ahmadpur Channa, in connection with patrol duty, and when the police party reached near the motor of Ex-Sarpanch Kewal Singh, resident of village Ahmadpur, from the side of Ahmadpur Channa, a person was seen coming, carrying two bags on the carrier of his cycle. He was apprehended on suspicion. He disclosed his name as Malkiat Singh alias Kala son of Karnail Singh, r/o village Latianwala, Police Station Sultanpur Lodhi. The search of the carrier of the cycle was conducted in the presence of the DSP, Sub Division, Sultanpur Lodhi, who was called to the spot, by sending a message, as a result whereof, two bags were recovered. Each bag contained 30 Kgs poppy husk. A sample of 250 grams of poppy husk, was taken out, from each of the bags. The samples and the bags, containing remaining poppy husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo. Ruqa was sent to the Police Station, on the basis whereof the FIR was recorded. The site plan was prepared. The accused was arrested. The statements of the witnesses, were recorded. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined Malkiat Singh, Constable, (PW-1), Sakattar Singh, Head Constable, (PW-2), Surinder Singh, DSP, (PW-3), Balbir Singh, Inspector, (PW-4), Gian Singh, Head Constable ( PW-5 ) and Harjinder Singh, ASI, (PW-6). Thereafter, the Addl. Public Prosecutor for the State, closed the prosecution evidence.