ASHOK PASWAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed by Ashok Paswan son of Rajinder Paswan. He was sentenced by the Court of Special Judge, Hoshiarpur, to undergo ten years rigorous imprisonment and to pay a fine of Rs. 1,00,000/-, in default whereof to further undergo six months rigorous imprisonment. The appellant was found in possession of 40 Kgs. of poppy husk.

(2.) THE case of prosecution is that Atma Singh, Sub Inspector, along with his companion police officials, on 17.4.2001 was on patrol duty. Suspected persons were being checked. The police party when reached near katcha path leading towards the filed in the area of Urmur, appellant Ashok Pawan was sighted by him coming from the opposite side and he was carrying a bag on his head. On suspicion, he was apprehended by Atma Singh, Sub Inspector. At that time, Balwant Singh came there on a scooter and he was joined by a police party. Suspecting that appellant is carrying some contraband article, an offer was given to him to get himself searched from a Magistrate or a Gazetted Officer. The appellant disclosed that there was a poppy husk in the bag and he replied in pursuance of the offer made that he is willing to get himself searched from a Gazetted Officer. A wireless message was sent and the Deputy Superintendent of Police was requested to come at the spot. Necessary procedure for search and seizure was followed.

(3.) A reliance has been placed on judgment of Hon'ble the Apex Court in Basheer @ N.P. Basheer v. State of Kerala, 2004(1) RCR(Crl.) 1008 : 2004(2) Apex Criminal 454. Para 23 of Basheer @ N.P. Basheer's case (supra) read as under :-