BUDHU SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal appeal and has been directed against the judgment and order dated 24th February, 1997 passed by the Court of Additional Sessions Judge, Mansa, who convicted the appellant under section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/ -. In default of payment of fine, the appellant was ordered to undergo further rigorous imprisonment for a period of six months.

(2.) BRIEF facts of the case are that on 18th July, 1995 Shri Gurbax Singh, A.S.I. of Police Station Boha, along with Head Constable Harpal Singh and other police officials was going on an official vehicle driven by Shri Hari Singh for patrolling from Village Sherkhanwala towards village Gandu Khurd. When the Police Party reached on the minor canal bridge situated in the area of village Gandu Khurd, the accused was seen coming from the opposite site, having gunny bag on his head. He was apprehended on the basis of suspicion. In the meanwhile Iqbal Singh Lambardar, resident of Boha, reached there and he was also associated in the Policy Party. In the presence of Shri Iqbal Singh, the Thanedar inquired from the appellant that the former had a suspicion that the latter was having some incriminating article in his possession and whether the latter wanted to give search in the presence of a Gazetted Officer or a Magistrate. The appellant reposed confidence in the Gazetted Officer. Resultantly, the Thanedar recorded a consent memo. (Ex. PB). It was read over and explained to the appellant, who thumb -marked the same in token of its correctness. It was attested by Iqbal Singh Lambardar, resident of village Boha, besides A.S.I. Gurbax Singh and Head Constable Harpal Singh. Thereafter A.S.I. Gurbax Singh summoned D.S.P. Mohinder Singh through wireless message at the spot. In the presence of Iqbal Singh and the said D.S.P. search of the bag was taken by the Investigating Officer and poppy husk was found in it. On weighment it came out to be 20 Kg. A sample of 100 grams was taken out of it and made a separate parcel thereof and the remaining poppy husk was separately sealed with the seal bearing inscription 'GS'. The entire case property was taken into possession vide recovery memo. Ex. PC, which was attested by Shri Iqbal Singh, Shri Mohinder Singh, D.S.P., and Head Constable Harpal Singh. The accused could not produce any permit or licence for the possession of the poppy husk. Resultantly, ruga (Ex.PG) was sent to the Police Station for registration of a case against the accused and on its basis formal F.I.R. (Ex. PG/1) was recorded by Shri Hardavinder Singh, Inspector. The Investigating Officer also prepared rough site plan (Ex. PF) with correct marginal notes. The appellant was arrested after apprising him of grounds of arrest vide memo. (Ex. PE), which was thumb -marked by the accused and attested by the P.Ws. On return to the Police Station the Investigating Officer produced the case property, sample parcel and the s ample seal along with the accused before Shri Hardavinder Singh, S.H.O. (P.W.3). Finally the sample of the poppy husk was sent to the office of the Chemical Examiner, who vide Exhibit PH declared the contents as Choora of poppy husk. On completion of the investigation of the case, the accused was challaned under Section 15 of the Act in the Court of the Illaqa Magistrate, who supplied copies of the documents to the accused and vide order dated 18th November, 1995 committed the accused to the Court of Session.

(3.) VIDE order dated 5th January, 1996 the trial Court framed a charge under Section 15 of the Act against the accused -appellant on the allegation that on 18th July, 1995 at about 12.45 p.m. In the area of village Gandu Khurd he was found in possession of 20 Kgs. of poppy husk without any permit or licence and thereby he had committed an offence punishable under Section 15 of the Act. The charge was read over and explained to the appellant, to which he pleaded not guilty and claimed trial.