MALKIAT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction, and the order of sentence dated 08.08.1997, rendered by the Court of Addl. Sessions Judge, Sangrur, vide which it 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 2 -1/2 years.

(2.) THE facts, in brief are that on 13.06.1994 Surinder Pal Singh, Assistant Sub Inspector along with ASI Balbir Singh and other police officials was going through village Dhanno in a Government vehicle for patrolling, and at about 1.15 PM when the police party was behind the turning of road leading to village Hussainpura, which falls in the revenue limits of village Dhanno, Malkiat Singh, accused, was seen coming from the side of Hussainpura, carrying a gunny bag, on his head. On seeing the police party, he tried to slip away but was apprehended on suspicion. The search of the gunny bag, being carried by the accused, in accordance with the provisions of law, was conducted, by ASI Surinder Pal Singh, which resulted into the recovery of 25.500 Kgs. poppy -husk. Two samples of 250 grams each were taken out of the recovered poppy husk, and the remaining poppy husk was kept into the same bag. The samples and the bag were converted into separate parcels, duly sealed with the seal bearing impression "SS" and taken into possession vide separate recovery memo Ex.PC. Ruqa was sent to the Police Station, on the basis whereof, formal FIR was registered. The accused was arrested. After the completion of investigation, the accused was challaned.

(3.) THE prosecution, in support of its case, examined ASI Balbir Singh, PW -1, ASI Surinder Pal Singh, Investigating Officer, PW2, Constable Manoj Kumar, PW -3, ASI Sampuran Singh, PW -4, and Head Constable Gurmail Singh, PW5. Thereafter, the Additional Public Prosecutor for the State, closed the evidence.