LACHHMAN DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is appeal against the judgment of conviction dated 02.09.2003 and order of sentence date 04.09.2018 passed by Special Judge, Ferozepur, whereby the appellant has been convicted for the offence punishable under Sec. 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short-NDPS Act) and sentenced to undergo rigorous imprisonment for four years and to pay a fine of 2000.00 and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) As per case of the prosecution, the police party headed by ASI Karnail Singh of Police Station Kui Khera, Sadar Fazilka was going for patrolling towards village Sajrana and on the way from bridge canal Kamalwala towards village Sajrana on kacha path, appellant was seen coming with a bag on his head. On seeing the police party, he felt perplexed and turned towards field having cotton crop and was apprehended on the basis of suspicion. He was asked to place the bag he was carrying on his head on the ground and Constable Balwinder Singh was sent to the village to call an independent witness. He brought Mahaja Ram Chowkidar, resident of village Kamalke, who was joined in the police party. The investigating officer apprised him about his suspicion that the bag carried by him contain some intoxicant and gave him option to get his search conducted before a Gazetted Officer, Illaqa Magistrate or from him(ASI Karnail Singh). Appellant opted to get his search conducted from Investigating Officer and his consent memo to this effect was prepared. On search, the bag was found containing poppy-husk, out of which two samples of 250 grams each were separated and remaining poppy-husk on weighment came to be 34 kg 500 grams. A separate parcel of remaining poppy-husk was also prepared. Ruqa was sent to the police station on the basis of which formal FIR No.222 dated 24.10.1997 was registered at Police Station Sadar Fazilka.

(3.) On presentation of challan, learned trial Court found a prima facie case against the appellant for the offence punishable under Sec. 15 of NDPS Act and he was charge-sheeted accordingly to which the appellant pleaded not guilty and claimed trial.