BARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 19th October, 1995 passed by the Court of Additional Sessions Judge, Fatehgarh Sahib convicting the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to undergo rigorous imprisonment for 10 years, and to pay a fine of Rs. 1,00.000/-. In default of payment of fine the appellant was further ordered to undergo rigorous imprisonment for one year.

(2.) BARJINDER Singh son of Shri Jagdish Parshad faced a trial under Section 15 of the Act on the allegations that on 1st January, 1991 in the area of village Ghatind i.e., Bus Stand Ghatind, he was allegedly found in possession of 10 bags of poppy husk, each weighing 30 kilograms, without any licnence or permit; thereby committing offence under Section 15 of the Act. Story of the prosecution is that on Ist January, 1991 Shri Baldev Singh, S.H.O. of Police Station Amloh, along with A.S.I. Kuldip Singh, Shri Nirmal Singh, Shri Jarnail Singh, Shri Paramjit Singh, Shri Gurmukh Singh, Constable Manvir Singh and one Shri Parkash Chand, public witness, were proceeding from Police Station, Amloh, on a Govt. vehicle bearing registration No. 2324. The vehicle was driven by Constable Baljit Singh. The Police Party was proceeding after conducting investigation in case F.I.R. No. 1 dated Ist January, 1991 against one Dhira Singh from village Salana to Village Ghatind. When the Police Party reached near the waiting room of Bus Stand Ghatind, the appellant was found sitting on the gunny bags having a blanket on his body. On the basis of suspicion the appellant was apprehended. The In charge of the Police Party asked the accused if he wanted to give the search in the presence of some Gazetted Officer or a Magistrate. The accused reposed confidence in the Thanedar. Resultantly, S.I. Baldev Singh took the search of the gunny bags and found poppy husk in each of them. Each bag contained 30 kilograms of poppy husk. Out of the each bag 250 grams of the poppy husk was taken out as a sample. The sample and the remaining bags were separately sealed with the seal bearing impression B.S. The bags were taken into possession vide recovery memo. Ex. PB. Ruqa Ex. PD was sent to the Police Station for registration of the case, on the basis of which formal first information report (Ex.PD/1) was recorded. The S.I. also prepared rough site plan (Ex.PE) of the place of recovery. On receipt of the report of the Chemical Examiner, the appellant was challaned under Section 15 of the Act in the Court of the Illaqa Magistrate, who supplied copies of the documents to him.

(3.) IN order to prove the case against the accused, the prosecution examined S.I. Baldev Singh, P.W.3; Constable Ranjit Singh, P.W.1; and A.S.I. Kuldip Singh P.W.2. The affidavit of formal official witness was tendered into evidence. The prosecution further tendered into evidence the report of the Chemical Examiner and closed the case.