BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is appeal against the judgment of conviction and order of sentence both dated 04.10.2004 passed by Learned Judge, Special Court, Ludhiana, whereby the appellant was convicted for the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short-NDPS Act) and sentenced to undergo rigorous imprisonment for one year and to pay a fine of '2000/-. In default of payment of fine, to further undergo rigorous imprisonment for 15 days.

(2.) The case of the prosecution, in brief, is that on 31.08.2002, ASI Jaswant Singh along with his police party was going towards village Hissowal. When he reached near drain on the eastern side, the appellant was seen sitting with a gunny bag and another person was sitting near him. He was apprehended on the basis of suspicion. ASI Jaswant Singh told the appellant that the bag in his hand, which was smeared with poppy-husk, seems to be containing poppy-husk and apprised him of his right to get conducted his search before a Magistrate or a Gazetted Officer but the appellant reposed confidence in him and agreed for his search to be conducted by the Investigating Officer. On search of gunny bag, poppyhusk was found in it, out of which two samples of 250 grams each were separated and converted into parcels. On weighment, remaining poppyhusk was found to be 24 and half Kgs. It was again transferred in the same gunny bag, which was also converted into a parcel. Both the sample parcels and gunny bag were sealed with the seal impression of 'JS'. After completion of necessary investigation, challan for the offence punishable under Section 15 of NDPS Act was presented against the appellant.

(3.) After supplying copies of challan as envisaged under Section 207 Cr.P.C., and on finding a prima facie case, appellant was chargesheeted for the offence punishable under Section 15 of NDPS Act to which he pleaded not guilty and claimed trial.