AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/ order of sentence dated 17.4.2003 rendered by the Court of learned Special Judge, Moga whereby he convicted and sentenced the accused Ajit Singh as well as Mewa Singh (since deceased) to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1 lac each under Section 15 of the Narcotic Durgs and Psychotropic Substances Act, 1985 (for brevity, 'the Act') and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for one year.

(2.) THE facts in brief are that on 15.12.1991, SHO Naginder Singh of Police Station Mehna amongst other police officials laid naka on the Dhudila Road in the area of Village Daudhar. Around 12:15 A.M., he received secret information that the accused Ajit Singh as well as Mewa Singh are present in the house of the latter at Village Daudhar and are in possession of poppy husk in the said residential house of Mewa Singh. A large number of bags of poppy husk are still in Mewa Singh's house. If timely raid is conducted, large number of poppy husk bags could be recovered. On receipt of this secret information, he along with other police officials conducted raid at the house of accused Mewa Singh, who along with Ajit Singh was found present in the house. It was noticed from above the wall that they were settling the gunny bags. When the police party entered the house, the accused Mewa Singh escaped from the spot through the other side of his house on catching sight of the police party. The accused Ajit Singh was apprehended from varandah of the house while he was standing with the bags of poppy husk. The SHO asked this accused to tell whether he wanted to have search of the bags in the presence of a Gazetted Officer or a Magistrate. He reposed confidence in the SHO who on search recovered 35 bags of poppy husk. A sample of 100 grams each was drawn from each bag and converted into parcels. The remainder of each bag when weighed came to 40 kgs. which was also turned into parcels. All these parcels were sealed with seals 'NSR'. The seal after use was handed over to ASI Balbir Singh. The case property along with sample parcels was seized vide separate recovery memo. The ruqa was sent to the police station where on its basis, formal FIR was registered. The accused Ajit Singh was put under arrest. Mewa Singh accused was also arrested. After completion of investigation, the charge-sheet was laid in the Court for trial of the accused.

(3.) AFTER hearing the learned Additional Public Prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved therewith, they have preferred this appeal. Before proceeding further, it is pertinent to point out that as per death certificate, Mewa Singh accused had expired on 23.8.2003.