GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 14.8.2001 passed by the Court of learned Judge Special Court, Rupnagar whereby he convicted and sentenced the accused Gurmeet Singh to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac and in default of the same to further undergo rigorous imprisonment for two years under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

(2.) AS set up by the prosecution, on 19.2.1997, the Sub Inspector Gurvinder Pal Singh among other police officials including ASI Malwinder Singh happened to be present near Village Mianpur being on patrol duty, where he received secret information that the accused Gurmeet Singh is selling poppy husk near Sagrao River in the area of Panjola by sitting beneath the Kikkar tree and if a raid is conducted, he can be caught red handed. This information was embodied into the ruqa and sent to the Police Station where on its basis formal FIR was registered. Jarnail Singh an independent witness was co-opted with the police party. When the police party arrived at the aforesaid place, the accused was found in possession of 3 bags of poppy husk. He was allegedly sitting on two bags, whereas the third one was lying in front of him. One lantern and a dibba of one litre were also lying there. The accused was offered to be searched before a Gazetted Officer or a Magistrate. He opted to be searched in the presence of a Gazetted Officer. Thereafter DSP Joginder Kumar was called through wireless message. He disclosed his identity to the accused and asked as to whether he wants to have search of the bags before him or in the presence of a Magistrate. He expressed his faith in the DSP. On search, the bags were found containing poppy husk. Their contents when weighed came to 79 kgs in all. Two samples of 250 grams were drawn from each bag. The same were converted into parcels. The remainder of each bag was also made into parcel. These parcels were sealed with seal 'MS'. The signed chit of the aforesaid DSP was also affixed on the bags as well as the sample parcels. All the parcels were seized. The accused was arrested. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) THIS case was listed number of times for arguments and was also displayed on the net, but despite that none had come forward to argue the same on behalf of the appellant.