LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction dated 4-1-1997 and order of sentence dated 9-1-1997 in Sessions Case No. 36 of 2-7-1994, by the Additional Sessions Judge, Ropar, in respect of F.I.R. No. 34 dated 17-2-1994 under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') registered at Police Station Kharar vide which Lakhbir Singh appellant was sentenced to undergo rigorous imprisonment for 15 years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to further undergo rigorous imprisonment for two years.

(2.) Brief facts of the case are that on 17-2-1994 Inspector Pritam Singh P.W.3 along with A.S.I. Gurnam Singh, PW 2, ASI Balkar Singh and other police officials was going towards village Batta in connection with patrol duty. When the police party reached near the Government Water Tank located on the road, Lakhbir Singh was found going with a bullock cart loaded with bags. Those bags were covered with a Tarpaulin. On seeing the police party the accused felt perplexed. On suspicion the bullock cart was intercepted. In the meantime Ajmer Singh PW 1 son of Basta Singh resident of village Gharuan came there by chance. Ajmer Singh was also joined with the police party. D.S.P. Harminderpal Singh also reached there along with his Gunman in a Gypsy and joined the police party. On enquiry, the accused disclosed his name, address and parentage. The cart was found carrying 35 bags Exs. P1 to P35 containing poppy husk. 250 gms of poppy husk was taken out as sample from each of the bags. The remaining poppy husk along with each bag on weighment was found to be 37.500 Kgs. The samples and the remaining bulk of poppy husk contained in the bags were sealed separately with the seal bearing impression PS and the seal of HPS of Harminderpal Singh D.S.P. The seals after use were handed over to A.S.I. Gurnam Singh. The accused could not produce any permit or licence for possession of poppy husk. Bags Exs. P1 to P 35 were taken into possession vide memo Ex. P.A. attested by Ajmer Singh, A.S.I. Gurnam Singh and D.S.P. Harminderpal Singh. The grounds of arrest were recorded in Ex. PB. The cart, the tarpaulin and the pair of bullocks were taken into possession vide memo Ex. PD. On personal search of the accused, a wrist watch was recovered which was taken into possession vide recovery memo Ex. PC. Ruda Ex. P.E. was sent to Police Station, Kharar on the basis of which formal FIR Ex. P.E./I was recorded by MHC Bawa Singh. Rough site plan Ex. P.F. with correct marginal notes was prepared. On return to the police station, case property was deposited with the MHC Bawa Singh with seals intact and the accused was lodged in the police lock-up. On the next day, Inspector Pritam Singh made application Ex. P.G. for production of the accused and the case property before the Ilaqa Magistrate. Under the orders of the Ilaqa Magistrate, case property was kept in the Malkhana vide his endorsement Ex. PG/1. The parcels containing samples were sent to the Chemical Examiner for analysis. The Chemical Examiner after analysis declared the contents of the samples to be coarse powder poppy husk vide his report Ex. PH. After completion of usual investigation, challan was presented.

(3.) Charge under Section 15 of the Act was framed against the appellant to which he pleaded not guilty and claimed trial.