AVTAR SINGH ALIAS TARI Vs. PUNJAB STATE

JUDGEMENT

(1.) This is a criminal appeal filed by Avtar Singh alias Tari and has been directed against the judgment and order dated 2.11.1996, passed by the Court of Addl. Sessions Judge, Sangruar, who convicted the appellant u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of 10 years and to pay of a fine Rs. 1 lac; in default of payment of fine, the appellant was directed to undergo R.I.

(2.) The brief facts of the prosecution story are that on 1.3.1995 ASI Hans Raj along with HC Jagdish Rai, Constable Sukhwinder Singh and other police officials were going from village Bhatiwalkalan to village Batariana in a private vehicle in connection with patrolling. When the police party reached at the bridge of canal minor water process, appellant was seen standing in the green moss on the left side of the payment of the canal water channel process and on seeing the police party, he sat down in the green moss and on the basis of suspicion, he was apprehended after stopping the vehicle. ASI Hans Raj informed the appellant that his search was to be taken and whether he wanted to give the search in the presence of a gazetted officer or Judge Sahib. The appellant reposed confidence in the ASI Hans Raj, who recoded the Statement, Ex.PA, of the appellant. It was read over and explained to him and he signed the same in token of its correctness. Therefore, the search of the three gunny bags which were found in the possession of the appellant was taken and poppy husk was found in them. On weighing each bag contained 30 Kg. of poppy husk. The ASI prepared two samples of poppy husk from each of the bags weighing 250 grams each and made a sealed parcel thereof. The remaining poppy husk was separately sealed in the same bags. A separate sample seal was also prepared. The entire case property was taken into possession.1 The appellant could not produce any licence or permit for the possession of the poppy husk. Resultantly ruqa was sent to the police station for the registration of the case. The samples of poppy husk were also sent to the office of the Forensic Science Laboratory, who found the contents as Chura of poppy head. On the completion of the investigation of the case, the appellant was challenged in the court of Illaqa Magistrate, who supplied the copies of the document to the appellant free of cost as required under the law and vide commitment order dated 5.6.1995, committed the appellant to the court of sessions.

(3.) Vide order dated 24.7.1995, the learned trial Court framed charge u/s 15 of the Act against the appellant on the allegations that on 1.3.1995 at about 1.30 p.m. in the area of village Batariana, he was found in possession of three bags of poppy husk each containing 30 Kgs, totalling 90 Kgs. been found in possession of two bags of Poppy Husk, without any licence or permit. The charge was read over and explained to the appellant, who pleaded not guilty and claimed a trial.