LAWS(P&H)-2018-3-18

KHAZAN SINGH Vs. STATE OF PUNJAB

Decided On March 07, 2018
KHAZAN SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment/order dated 15.10.2003 passed by Judge, Special Court, Kapurthala vide which accused Khazan Singh was convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.25,000/- and in default thereof, to further undergo rigorous imprisonment for three months.

(2.) The accused-convict - Khazan Singh, who is appellant before this Court prays that the appeal be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story is that on 15.7.2000, when a police party from Police Station Sultanpur Lodhi led by ASI Surinder Singh was present at culvert of Bein in the area of village Kalewal in connection with patrolling and for checking of anti-social elements then accused Khazan Singh was spotted coming carrying a plastic bag on his back; that when he was asked to stop for checking, he opened the mouth of the plastic bag and it was found to contain poppy husk; that the accused could not produce any licence for keeping poppy husk; that ASI Surinder Singh, the Investigating Officer took out a sample of 250 gms. from the bag and on being weighed, the remaining contents came out to be 7 kgs. ; that separate parcel of the sample and that of bulk were prepared, which were sealed; that sample seal impressions were taken; that the case property was taken into police possession. Ruqa was sent to the police station, on the basis of which formal FIR was registered. Accused was arrested in this case. On return to the police station, the Investigating Officer produced the case property before SHO Sarup Singh, who affixed his own seal on sample parcel and bulk parcel. Specimen seal impression of SHO were prepared and then the SHO had deposited the case property with the MHC. During the course of investigation, sample was sent to the office of Chemical Examiner, Jalandhar and as per report received therefrom, it was to be of poppy head.