BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Baldev Singh was sentenced by the Court of Special Judge, Amritsar under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as, 'the Act') to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for one month. The trial Court found that the appellant was in illegal possession of 20 Kg. of poppy husk. FIR Ex.PE/1 was recorded on the statement of Ravinder Kumar, Inspector/SHO, Police Station Civil Lines, Amritsar. It is stated in the FIR that Inspector Ravinder Kumar along with his companion officials was present near Rose Hotel, Kacheri Road, Amritsar when special informant gave information that appellant Baldev Singh alias Kala is engaged in the business of selling narcotics and is coming from the side of Railway Station and in case a raid is conducted, he can be arrested along with narcotic substance. It is stated that when the police party reached the spot, a man was seen at about 8.30 P.M. coming from the side of railway station carrying a jute bag who on seeing the police party made an attempt to return back but was apprehended. The person apprehended disclosed his name to be Baldev Singh son of Surat Singh. An offer was given to him to get himself searched from a Gazetted Officer or a Magistrate. Consent memo was recorded. Baldev Singh stated that he wanted to get himself searched from a Gazetted Officer. Mrs. Vibhu Raj, Superintendent of Police was called and in her presence search was carried and recovery was effected. The samples were drawn.

(2.) REPORT under Section 173 Cr.P.C. was submitted. The appellant was charged by the Court of Special Judge, Amritsar for having in his possession of 20 Kgs. of poppy husk without any valid permit or licence. The appellant pleaded not guilty and claimed trial. Prosecution examined PW-1 HC Jagga Singh who had proved his affidavit Ex.PA to prove the link evidence. Mrs. Vibhu Raj, SP Headquarters appeared as PW-2. She deposed about search and seizure. DSP Ravinder Kumar appeared as PW-3 and deposed regarding investigation. Statement of accused under Section 313 Cr.P.C. was recorded. All incriminating evidence was put to him. He pleaded false implication. No witness was examined in defence. The prosecution relied upon testimonies of Mrs. Vibhu Raj, SP Headquarters and DSP Ravinder Kumar.

(3.) AT this stage, Mr.Chaudhari has stated that in the present case recovery was effected in the year 1999. The appellant had suffered a protracted trial of 10 years. The appellant is not a previous convict and in the last 10 years, he has committed no offence. Therefore, counsel submitted that sentence be reduced to the period already undergone.