SATPAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment dated 28.9.2004 passed by the then Judge, Special Court, Kapurthala, vide which she had convicted accused Satpal for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act'), and order of the even date sentencing him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1 lac, in default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) Briefly stated, the facts of the case as per prosecution story are that on 4.10.2001, a Police Party from Police Station Sultanpur Lodhi, led by Inspector /SHO Tarlochan Singh, was present at the T- point at village Bussowal, in connection with checking and patrolling, where Inspector Tarlochan Singh, received a secret information that Satpal s/o Ishar Dass r/o village Sardulapur, was engaged in drug trafficking with respect of poppy husk and on that day a huge quantity of poppy husk was there in his house and if a raid was conducted, the same could be recovered. Information being reliable one, Inspector Tarlochan Singh sent a ruqa to the Police Station, on the basis of which formal FIR was recorded. He had also requested for sending a Gazetted Officer or a Magistrate to the house of the accused, which was to be raided. Then the Police Party proceeded towards the house of the accused and while it had reached near phirni of the village Sardulapur, Hazari Lal, Chowkidar of the village, came across the police party and he was joined therewith. The raid was conducted at the house of Satpal. He was found standing outside his house. However on seeing the Police Party, he ran away but he was identified by ASI Iqbal Singh and PW Hazari Lal. After some time, Naib Tehsildar, Sultanpur Lodhi, Bakshish Singh, reached at the spot. Then the Police Party alongwith Naib Tehsildar, Sultanpur Lodhi and Hazari Lal Chowkidar, went inside the house of Satpal accused, which was searched and from the room on the left side of deori, 21 bags were recovered, which were lying towards the western wall of the room. Those bags, on opening, were found to be containing poppy husk. A sample of 250 grams each was drawn from each of the bag, which were then converted into a sealed parcels. On being weighed, the remaining poppy husk in each bag came out to be 39 kgs 750 grams. Those bags containing remaining poppy husk were converted into parcels and duly sealed with the seal of Naib Tehsildar Bakshish Singh, bearing impressions 'BS' and that of Inspector Tarlochan Singh, bearing impressions 'TS'. Specimen impressions of the seals were also prepared and all such articles were taken into possession vide recovery memo.

(3.) During the course of investigation the accused was arrested. The samples were sent to the office of Chemical Examiner, Jalandhar and report therefrom was received that those were of poppy head chura.