LADHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried in case FIR No. 203 dated 13.10.2002 registered at Police Station Khuian Serwer under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act'). According to the prosecution, 30 Kgs. of poppy husk was recovered from the appellant. The trial Court convicted the appellant under Section 15 of the Act and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 30,000/-. In default of payment of fine, he was to undergo further rigorous imprisonment for six months.

(2.) CASE against the appellant was registered on the basis of ruqa Ex.P6 which led to registration of formal FIR Ex.P7. Ruqa Ex.P6 was sent by SI Rattan Singh PW-2, Incharge Police Post Khatwan wherein he had stated that he along with his companion officials was going in a private jeep when Teja Singh son of Balwant Singh met them, who was joined in the police party. When police party while patrolling reached near the bridge of canal minor in the area of Village Patti Sadeek, they spotted the accused coming from the bridge of canal minor from the front side. The accused was carrying a gunny bag on his head. On seeing the police party, accused turned towards the pavement of the canal minor. He was apprehended by the police party. An offer was made to him to get himself searched before a Gazetted Officer or a Magistrate, as the Investigating Officer suspected that accused was carrying some narcotic substance. It is stated that accused who disclosed his name as Ladha Singh had reposed faith in the Investigating Officer to get himself searched. The gunny bag was opened. It contained poppy husk. Two samples of 250 grams were drawn and rest of the poppy husk came to be 29 Kgs. and 750 grams. Thus, 30 Kgs. of poppy husk was recovered from the accused. After the matter was investigated, report under Section 173 Cr.P.C. was submitted. The appellant was charged by the trial Court that on 13.10.2002 at 3.30 P.M. in the area of Village Patti Sadeek, he was found in possession of 30 Kgs. of poppy husk and, thus, he had committed offence under Section 15 of the Act. The appellant pleaded not guilty and claimed trial.

(3.) ALL incriminating evidence was put to the accused and his statement under Section 313 Cr.P.C. was recorded. The appellant pleaded innocence and stated that he was falsely implicated. In defence Teja Singh who was joined by the prosecution as an independent witness, was examined as DW-1. DW-1 Teja Singh deposed that nothing was recovered from the appellant in his presence.