JASWINDER SINGH ALIAS BINDER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 29.8.2002 passed by the Court of learned Judge, Special Court, Jalandhar whereby he convicted and sentenced Jaswinder Singh alias Binder accused to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act') and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) SHORTLY put, facts of the prosecution case are that on 3.11.2000, Sub Inspector Manjit Singh amongst other police officials had laid 'naka' in the area of Village Kot Kalan, G.T. Road. He received a secret information that the accused was indulging in the sale of poppy husk in huge quantity and if a raid is conducted on his dera, poppy husk could be recovered in huge quantity. This information was embodied into a ruqa, which was sent to the Police Station, wherein on its basis, formal FIR was recorded. The Sub Inspector informed DSP Rakesh Kaushal and requested him to come to the spot. Sucha Singh was joined with the police party. The said DSP also came there. Thereafter, they went to conduct raid at the dera of the accused. When they were a little short of his dera, the accused was spotted approaching towards the police party. On suspicion, he was intercepted. The DSP told the accused that he was suspected to be in possession of some intoxicants and if he desires, he can have his search in the presence of a Gazetted Officer or a Magistrate. The accused offered to have his search before a Gazetted Officer. On instructions of the DSP, the search of the accused was carried out by the Sub Inspector. From the jhola (bag) which he was holding in his right hand revealed 1Kg. of poppy husk, out of which 250 grams was separated to serve as sample and converted into a parcel. The residue was also made into a parcel by putting the same in the jhola. These parcels were sealed with seal 'MS' belonging to the Sub Inspector and 'RK' relating to the aforesaid DSP. The seal after use was made over to Sucha Singh. The parcels were seized vide recovery memo. On interrogation, the accused disclosed to have kept concealed eight bags of poppy husk in a room in a dera under the heap of toori (wheat chaff) and he can get the same recovered. Pursuant to his disclosure statement, he got recovered eight bags of poppy husk containing 40 Kgs. each. 250 grams of poppy husk was drawn from each bag and turned into parcels. The remnant of each bag was also made into parcels. All these parcels were sealed with afore-referred seals after taking the same from Sucha Singh. Again, the seal was returned to Sucha Singh. These parcels were also taken into possession vide memo. The accused was 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, he has come up in appeal.